Petitioner purchased property with unknown outstanding electricity dues. Denied new connection until vendor liability cleared. Court accepted undertaking to pay dues if realization from vendor fails and disposed of the application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3321 of 2013
====================================================== M/S Narayani Ventures Private Limited, Industrial Area Dighi Kala, Hajipur, through its Director, Raj Kumar Bharatia S/O Sri Girdhari Lal Bharatia, Resident of Chimni Ghat, P.S.-Chowk, Patna City, District -Patna .... .... Petitioner Versus 1. The Bihar State Power (Holding) Company Limited through its Chairman-Cum-Managing Director, Its Head Office at Vidyut Bhawan, Bailey Road, Patna-1 2. The General Manager-Cum-Chief Engineer, Muzaffarpur, North Bihar Power Distribution Company Limited 3. The Electrical Superintending Engineer, Electric Supply Circle, Muzaffarpur, North Bihar Power Distribution Company Limited 4. The Electrical Executive Engineer, Konhara Ghat, Hajipur, North Bihar Power Distribution Company Limited 5. The Assistant Electrical Engineer, Konhara Ghat, Hajipur, North Bihar Power Distribution Company Limited
.... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Suraj Samdarshi, Advocate For the Respondents : Mr. Anand Kumar Ojha, Mr. Prakash Kumar, Advocates
====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
2 07-03-2013 When the petitioner purchased the property from its vendor, there were some dues of electric consumption against the vendor. In the sale deed, the same was not mentioned by the vendor. Hence at the time of purchase of the property and registration of the sale deed, petitioner, most likely, did not come to know about outstanding dues. After purchase of the property, petitioner applied for new electric connection. But authorities of the Board have denied the same on the ground that there is a liability of the Board outstanding against the property of the vendor.
Patna High Court CWJC No.3321 of 2013 (2) dt.07-03-2013
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Learned counsel for the petitioner submits that petitioner is not interested in denying the liability of the Board and contesting the same. However, he submits that the Board has already initiated a certificate proceeding against the vendor which is going on. Therefore, the Board should first make all the efforts to realize its dues from the vendor and after exhausting all the remedies and if even after conclusion of the certificate proceeding, the Board is not able to realize its dues from the vendor, petitioner is ready to clear the same.
To this effect, petitioner will file a clear undertaking to the authorities of the Board, upon receipt of which petitioner shall be given a new electric connection after completing all other formalities within the statutory period, said to be 30 days from the date of filing of the application.
This application is disposed of.
(Jayanandan Singh, J)
B.T/-
M/S Narayani Ventures Private Limited through its Director Raj Kumar Bharatia
The Bihar State Power (Holding) Company Limited
The General Manager-Cum-Chief Engineer, Muzaffarpur, North Bihar Power Distribution Company Limited
The Electrical Superintending Engineer, Electric Supply Circle, Muzaffarpur, North Bihar Power Distribution Company Limited
The Electrical Executive Engineer, Konhara Ghat, Hajipur, North Bihar Power Distribution Company Limited
The Assistant Electrical Engineer, Konhara Ghat, Hajipur, North Bihar Power Distribution Company Limited
Jayanandan Singh
As recorded by the court registry
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