IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4429 of 2011 BRAJ NANDAN RAI . Versus SECRETARY BIHAR STATE ELECTRICITY BOARD & ORS . ----------- 2/ 15/04/2011 Heard learned counsel for the petitioner and for the Bihar State Electricity Board. The petitioner is stated to be a purchaser of the premises in question from one Sri Kamal Sheel at Laheriasarai in the District of Darbhanga. He acknowledges that on the date of purchase i.e. 5.1.2009/4.6.2009 there was no electricity connection in the premises. He therefore applied for a new connection before the Board on 14.10.2009. Notwithstanding the same he has not been given any supplies. He is not aware if there are any outstandings for electricity supply upon the pemises against his vendor. He cannot be saddled with the liabilities of his vendor which the Board may not have pursued and the liability, if any, shall also be subject to the laws of limitation. Rather than to require a counter affidavit, in view of the law in this regard having been well settled, in 2010(4) P.L.J.R. (S.C.) 61 (Haryana State Electricity Board Versus M/s. Haruman Rice Mills) more appropriately explained in paragraph-9 as follows:- 9. The position therefore may be summarized thus: 2 “(i) Electricity arrears do not constitute a charge over the property. Therefore in general law, a transferee of a premises cannot be made liable for the dues of the previous owner/occupier. (ii) Where the statutory rules or terms and conditions of supply which are statutory in character, authorize the supplier of electricity to demand from the purchaser of a property claiming reconnection or fresh connection of electricity, the arrears due by the previous owner/occupier in regard to supply of electricity to such premises, the supplier can recover the arrears from a purchaser.” The writ application is disposed off in similar terms. The contention on behalf of the Board that under the tariff and the Supply Code the petitioner is liable to pay including the objection of the petitioner on the aspect of limitation are matters to be more appropriately considered by the Respondent No.3, the Electrical Superintending Engineer, Electrical Circle, Darbhanga on an application to be preferred by the petitioner along with a copy of the present order. It is expected that the Superintending Engineer shall expeditiously take a decision within a maximum period of two weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)