Letters Patent Appeal No.526 OF 2002 (Against the Judgment and Order passed in C.W.J.C. No. 526 of 2002 on 5th March, 2002) BIHAR STATE ELECTRICITY BOARD & ANR. ---(Appellant) Versus BIRENDRA KUMAR & ANR. -------------(Respondents) P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH AND THE HON'BLE MR. JUSTICE C.M. PRASAD J U D G M E N T Barin Ghosh & C.M. Prasad, J.J. There is no merit in the appeal inasmuch as the appellant is seeking to enforce covenants contained in a lease in between the landlord and the tenant to which the appellant is not a party. In law, the Clause in the lease agreement, which provides that the landlord would supply electricity to the tenant, is a void clause for in terms of the Electricity Act, as was then prevalent, as well as in terms of the Electricity Act prevalent today, no one, without a licence can supply or deal with electricity. In terms of the law then prevalent as well as in terms of the law as prevalent today, right to obtain supply of the electricity is a statutory right. The same can only be denied, if the 2 consumer has defaulted in payment of dues on account of supply of electricity. A consumer, in default, would be such a person, who has obtained supply of electricity and not a person, who has come to occupy a premise, which the defaulter used to occupy. The law authorizes recovery of dues of a consumer from such persons, who can be treated as beneficiary of supply to the consumer, in view of their close relationship. A son living with the father, a defaulter consumer, having had enjoyed supply of electricity for which default has been made may be said to be a defaulter consumer, but not a son, who is living far away from the defaulter father and accordingly, had no occasion of enjoying any part of such supply. In the instant case, it is not the contention of the appellant that supply was obtained by a person through whom the writ petitioner obtained benefit of supply, and that being the situation, there is no scope of interference. The appeal fails and the same is dismissed. Patna High Court, 22nd July, 2008 S.B.P./N.A.F.R. (Barin Ghosh, J.) (C.M. Prasad, J.) 3