IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6167 of 2009 MOHIT AHLUWALIA,S/0 Sri Brij Mohan Singh Ahluwalia, R/0 Ahluwalia Building, New Dakbunglow Road, P.S. Gandhi Maidan, District- Patna. Versus 1. BIHAR STATE ELECTRICITY BOARD 2. Secretary, Bihar State Electricity Board, Patna. 3. Chief Engineer, Bihar State Electricity Board, Patna. 4. Sub-divisional Officer, Bihar State Electricity Board, Dhawalpura. ----------- For the petitioner: Mr. Avanish Kumar Singh,Advocate For B.S.E.B: Mr. Vinay Kirti Singh --- 2. 18.5.2009 Heard learned counsel for the petitioner and learned counsel for the Bihar State Electricity Board. The petitioner seeks quashing of the order contained in letter No. 319 dated 20.3.2009 ( Annexure-4), by which the petitioner’s application for a new electrical connection has been rejected. The petitioner is a purchaser of land situated in Khata Nos. 295 and 809, Plot Nos. 253 and 222 admeasuring 2 katha 12 dhur at Mauza Dhabalpur, P.S. Chowk Kalan, District- Patna by a registered deed of sale dated 28.7.2008. The petitioner has purchased the said piece of land from M/s. Nalanda Forgins Engineer Pvt. Ltd. and subsequent to the purchase, the same has been mutated in the name of the petitioner. Thereafter the petitioner filed an application for a new electrical connection but the same was rejected by the impugned order dated 20.3.2009 of the Assistant Electrical Engineer stating that there are dues against the previous owner/ consumer of the said land and the petitioner can be given electrical connection only after depositing 2 the said dues pending on the said land. Learned counsel for the petitioner relies upon a decision of this Court in the case of Smt. Rekha Gupta v. Bihar State Electricity Board, Patna and others: 1999 (3) PLJR 222, in paragraph No.11 of which it has been held as follows: “11.Section 24 of the Indian Electricity Act says with regard to disconnection of supply of electric energy to consumers neglecting to pay the charges and realization of dues. Annexure C to the counter affidavit says that Assistant Electrical Engineer/Electrical Executive Engineer must see that security deposits are taken in such case and that arrear dues are not allowed to exceed the amount of security deposits. As soon as the energy dues are about to exceed the amount of security deposits, the supply line of the house should immediately be disconnected after going through the usual formalities of serving the required notice. However, if the Board allowed the consumer to consume electricity even after non-payment of dues resulting amount of arrears it cannot take advantage of its own wrong and refuse to give new connection to a bonafide purchaser on the ground that unless dues against the erstwhile consumer is not cleared off in full electric connection cannot be provided. Right of realization of dues against the consumer has also been provided under the Act i.e. by filing a suit or initiation of certificate proceeding.” Learned counsel for the Board, however, submits that the Board should at least be permitted to enquire as to whether the petitioner-purchaser is, in any way, connected with the erstwhile consumer or not before the actual connection is allowed to him. In view of the law laid down by this Court earlier, it is evident that the petitioner being prima facie a bona fide purchaser would be entitled to an electrical connection. In the aforesaid view of the matter, the writ application is allowed, the impugned order dated 20.3.2009 (Annexure-4) is quashed and the authorities of the Board are directed to provide a fresh electrical connection to the petitioner 3 within the statutory period of 30 days as provided in the Electricity Act, 2003 subject to making any enquiry as to the connection of the present petitioner with the previous owner of the land in question. VPS ( Ramesh Kumar Datta,J.)