在一项纠问状申请中，Petitioner 购买了一处房产并要求获取新的家庭电路连接。尽管前所有者有未付电费，该公用事业公司拒绝了申请。法院依据《比哈尔电力供应代码》第 4.1 条的修正案裁定，不能因前所有者的欠款拒绝新用户，并命令公司授予连接。
Grant electric domestic connection to the petitioner within seven days of receipt of this order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16087 of 2023
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Nitesh Kumar son of Srin Tarkeshwar Prasad Singh, resident of mohallaKath Ki Deviji, Nehruchak, Barhai Tola, P.S. Alamganj, P.O. Guljarbagh, District- Patna (Bihar), Pin Code-800007
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Prasad, Adv. For the Respondent/s : Mr. Dr. Anand Kumar, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 06-03-2024
Heard learned counsel for the petitioner and learned counsel appearing for the respondent- SBPDCL.
Patna High Court CWJC No.16087 of 2023(4) dt.06-03-2024 2/3
revenue authority. The petitioner submitted an application before the respondent- SBPDCL vide application No. 523012110833 for grant of new connection to the premises of the petitioner but the same has been refused by the respondentCompany on the ground that there was dues of electricity upon the previous owner of the subject property, as such, the petitioner shall not be given new electric connection.
“ 4.1 (iii) Provided that (I) If there are arrears of electricity dues against the owner or occupier or tenant of a premises as a consumer, new connection shall not be denied to subsequent owner, occupier or tenant, and the arrear of electricity dues on the premises shall be recovered from the defaulting consumer under the provisions of Bihar and Orissa Public Demands Recovery Act, 1914 or alternately the arrears may also be transferred to another running accounts of the defaulting consumer after adjustment of amount of security deposit and interest there on and giving fifteen days notice.
Patna High Court CWJC No.16087 of 2023(4) dt.06-03-2024 3/3
deals with license’s obligation to supply and says that if there are arrears of electricity dues against the owner or occupier or tenant of the premises as a consumer, new connection shall not be denied to subsequent occupier or tenant, I am of the opinion that the respondent authority cannot deny the new connection to the petitioner on the ground that there was arrears of electricity dues from the previous owner of the premises. As per said proviso of supply code 4.1, the distribution company shall have the liberty to recover the previous arrears of electricity dues from the previous owner under the provisions of Bihar and Orissa Public Demand Recovery Act, 1914. Accordingly, I direct the respondents-Company to grant electric domestic connection to the premises of the petitioner preferably with a period of seven days from the date of receipt/production of a copy of this order.
brajesh/-
(Anil Kumar Sinha, J)
U
1 issue framed by the court
Whether the electricity supply company can deny a new domestic electric connection to a new owner due to outstanding dues of the previous owner.
2 provisions across 2 enactments
Nitesh Kumar
South Bihar Power Distribution Company Limited and others
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
