CIVIL WRIT PETITION NO.8948 OF 2009 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: MARCH 08 ,2011 M/s Kisan Agro Industries, Indri, District Karnal .....Petitioner VERSUS State of Haryana and another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. D. S. Bishnoi, Advocate, for the petitioner. Mr. S. S. Patter, DAG, Haryana, for the State. Mr. Mohnish Sharma, Advocate, for respondent No.2. **** RANJIT SINGH, J. (ORAL) The petitioner M/s Kisan Agro Industries, District Karnal, is an auction purchaser of a property. The sale by way of auction was conducted by the Recovery Officer, DRT-I, Chandigarh. After purchase of property, the petitioner requested respondent No.2 to grant electricity connection for the property so purchased by him in auction. Respondent No.2-Assistant Executive Engineer (Operation), CIVIL WRIT PETITION NO.8948 OF 2009 :{ 2 }: Sub Division Indri, instead asked the petitioner to deposit a sum of `5,18,620/- being the arrears of electricity consumed by the previous owner. Respondent No.2, thus, refused to grant fresh electricity connection to the petitioner, unless he cleared the arrears left by the previous owner. The petitioner has filed the present writ petition to challenge this order to urge that he is under no liability to pay the charges of electricity, which was consumed by previous owner. As per the petitioner, he has not taken over any liability of the previous owner, which would make him responsible for clearing the payment on account of electricity consumed by previous owner. In the reply filed, it is stated that the premises where the petitioner is wanting to restore the electricity connection, was owned by M/s Mahaveer Rice Mills, which is a defaulter of electricity dues amounting to `5,18,620/-. The case for recovery has already been prepared and has been sent to the higher authorities. The petitioner has now approached the respondents for grant of electricity connection and accordingly he has been informed about the outstanding dues. It is stated that re-connection or new connection can not be given to the said premises as there are earlier arrears due to the Nigam and unless the same are cleared in advance, new occupier/allottee can not be given a new connection. The stand taken by the respondents does not appear to be fair. Similar issue arose in the case of Ahmedabad Electricity Co. Ltd. Vs. Gujarat Inns Pvt. Ltd. and others, AIR 2004 Supreme Court 2171. The petitioner therein was also the auction purchaser of urban properties in the sales held under Section 29 of CIVIL WRIT PETITION NO.8948 OF 2009 :{ 3 }: the State Financial Corporations Act, 1951 and had applied for new connection. The Electricity Board had denied the connection, unless the petitioner therein paid the arrears. The Hon'ble Supreme Court clearly held as under:- “In our opinion, the present two cases of fresh connection. The learned counsel for the respondents (auction-purchasers) have stated that they have taken fresh connections and they have no objection if their connections are treated as fresh connections given on the dates on which the supply of electricity was restored to the premises. We are clearly of the opinion that in case of a fresh connection though the premises are the same, the auction-purchasers cannot be held liable to clear the arrears incurred by the previous owners in respect of power supply to the premises in the absence of there being a specific statutory provision in that regard. Though we find some merit in the submission of the learned counsel for the appellant calling for reconsideration of the wide propositions of law laid down in Isha Marbles' case (supra), we think the present one is not a case for such exercise. We leave the plea open for consideration in an appropriate case.” Thus, in case of fresh connection on the same premises, the auction purchaser can not be held liable to clear the arrears payable by the previous owner in respect of the power supply to the premises in the absence of there being a specific statutory provision CIVIL WRIT PETITION NO.8948 OF 2009 :{ 4 }: in this regard. No statutory provision has been pointed out to me in this case. Accordingly, the demand raised by the respondents can not be held justified. The writ petition is accordingly allowed. Directions are issued to the respondents to release the new connection to the petitioner within one month. There shall, however, be no order as to costs. March 08,2011 (RANJIT SINGH ) khurmi JUDGE