IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 21380 of 2004 Between: K.Seetha Ramaiah, S/o Purnachander Rao, R/o H.No.11-10-114/A, Road No-1, Vijayapuri Colony, Ramakrishnapuram, Hyderabad ..... PETITIONER AND 1 The A.P.Cenral Power Distribution Company Limited, rep.by its Managing Director, Vidyut Soudha, Somajiguda, Hyderabad 2 The A.P.Central Power Distribution Company Limited, rep.by The Assistant Divisional Engineer, Operation, Uppal, Ranga reddy District 3 The A.P.Central Power Distribution Company Limited, rep.by the Assistant Accounts Officer, ERO, APCPDL, Habsiguda, Hyderabad, Ranga Reddy District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, or order or direction, more particularly a writ of Mandamus, declaring the action of the respondents in demanding the arrears of the sick units M/s ESL Industries Ltd., and M/s Markal Hi-Tech System (P) Ltd., vide SC No.70878 and SC 70882 is bad and illegal, violative of Article 14 of the Constitution of India and without jurisdiction, consequently direct the respondents not to insist the arrears from the petitioner by treating the petitioner as fresh consumer in the interest of justice. Counsel for the Petitioner: Mr.KURITIBHASKARA RAO Counsel for the Respondents: Mr.O.MANOHER REDDY The Court made the following : ORDER: Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents. 2. It is the case of the petitioner that he became the highest bidder in the auction conducted by the bank for recovery of the amount from the owner thereof under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( for brevity, ‘the Act’) and purchased an extent of Ac.3.09 guntas in Sy.No.215, Hemanagar, Uppal mandal along with the structures of Item No.2 of M/s ESL Industries Limited; Plant and Machinery; and immovable property in item No.1 in ‘as is and where is condition' and M/s Marked Hi-Tech Systems Private Limited for Rs.99,50,000/-. It is stated that pursuant to the said purchase sale certificate has been issued and the petitioner became the owner of the same. While so, with regard to two service connections bearing No.70878 70882 in the said land relating to ESL Industries Limited and Marked Hi-tech Systems Limited there was an outstanding amount of Rs.1,27,000/- and Rs.1,48,000/- respectively and the said arrears of Rs.2,75,000/- is sought to be recovered from the petitioner. The said action of the respondents is questioned in another Writ Petition, and this Court directed the respondents not to insist upon the arrears. 3. No counter has been filed. The only question that arises for consideration is whether the subsequent owner of the property is liable to pay the electricity bills pertaining to the previous owner or not. 4. Under the terms and conditions of the agreement, there is no such liability that passes on to the subsequent owner. It is stated that this Court in W.P.No.6433 of 1974 directed the Board to give electricity supply to the purchaser without insisting on the payment of any amount due by the previous owner. 5. Having regard to the facts and circumstances, Writ Petition is allowed as prayed for. There shall be no order as to costs. _________________ V.ESWARAIAH,J 14th March, 2008 Tsy To 1 The Managing Director, A.P.Cenral Power Distribution Company Limited, Vidyut Soudha, Somajiguda, Hyderabad 2 The The Assistant Divisional Engineer, A.P.Central Power Distribution Company Limited, Operation, Uppal, Ranga reddy District 3 The Assistant Accounts Officer, A.P.Central Power Distribution Company Limited, ERO, APCPDL, Habsiguda, Hyderabad, Ranga Reddy District 4 2CCs to 5 2CD copies Form-NIC-OGS/WP{VSR}