IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5994 of 2010 JAVED AHMAD S/O RAHMAN ALI R/O 50, HALIM COTTAGE, OLD AZIMABAD COLONY, P.S. SULTANGANJ, TOWN & DISTRICT- PATNA. …..PETITIONER. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA THROUGH ITS CHAIRMAN. 2. THE CHIEF ENGINEER CUM GENERAL MANAGER, PATNA ELECTRICITY SUPPLY UNDERTAKING (PESU), B.S.E.B., MANGLES ROAD, PATNA. 3. THE ELECTRICAL SUPERINTENDING ENGINEER, B.S.E.B., PESU (EAST), PATNA 4. THE ELECTRICAL EXECUTIVE ENGINEER, B.S.E.B. GULZARBAGH ELECTRICITY SUPPLY DIVISION, PESU (EAST), PATNA CITY. 5. THE ASSISTANT ELECTRICAL ENGINEER, B.S.E.B., GULZARBAGH ELECTRICITY SUPPLY SUB-DIVISION, PESU (EAST), PATNA CITY. 6. THE JUNIOR ELECTRICAL ENGINEER, B.S.E.B., GULZARBAGH ELECTRICITY SUPPLY SUB-DIVISION PESU (EAST), PATNA CITY, PATNA. …..RESPONDENTS. ----------- For the petitioner : Mr. Rajesh Mohan, Advocate. For the respondents-Board : Mr. Prakash Kumar, Advocate. ------ 09/ 02.08.2010 Heard learned counsel for the petitioner and learned counsel for the respondent-Board. 2. This writ petition has been filed for directing the respondents to give domestic electric connection to the petitioner’s premises and also directing them to dispose of the petitioner’s representation dated 04.03.2010 (Annexure-4). 3. The admitted fact in this case is that 3 katha of land was owned and possessed by one Ravindra Nath Sharma and others who had a shop in a portion thereof, having an electric connection. It is 2 also not in dispute that the said owners sold three kathas of the said land to Md. Hashim and others by registered sale deed dated 16.02.2006, whereafter the said purchasers sold 2 kathas of land out of the said premises to the petitioner by registered sale deed dated 29.03.2007. It is also not in dispute that the land measuring 2 kathas purchased by the petitioner was vacant land and subsequently he constructed a new house on it, whereafter on 03.02.2010 (Annexure- A) he applied for new electric connection before the respondents- authorities who vide letter dated 10.02.2010 asked him to file an affidavit which was complied on the same day (Annexure-B). Thereafter on 22.02.2010, the respondents-authorities sent a bill for outstanding dues of Rs.39,327.00 with respect to the meter which was earlier installed at the premises during the ownership of the original owner Ravindra Nath Sharma. 4. Learned counsel for the petitioner submits that when he purchased the land neither there was any construction nor any meter or electric connection existed thereon and he had absolutely no knowledge about any earlier electric connection or any dues with respect thereto. Hence, he is not liable to pay the said dues on the earlier meter and he is legally entitled to get a new electric connection on the terms and conditions prescribed in law. 5. On the other hand, learned counsel for the respondents vehemently opposes the contentions of learned counsel for the petitioner and submits that since the petitioner is a purchaser it is the responsibility of the petitioner to pay all the outstanding dues which 3 may not be for the period after his purchase. He further submits that till May, 2010, the dues on the earlier meter has enhanced to Rs.44,762.45. He further states that in neither of the registered sale deeds dated 16.02.2006 and 29.03.2007, any mention of electric connection or electric dues with regard to the premises has been mentioned. He also avers that the respondents have sent letter dated 23.07.2010 (Annexure-E) to the petitioner to deposit security deposit, estimate cost, meter testing fees as well as new meter for the fresh electric connection which he has not done so far. 6. Considering the averments made by learned counsel for the parties and the facts and circumstances of this case as well as the materials on record, it is quite apparent that the petitioner has purchased vacant land without any construction, meter or electric connection and hence after making new construction over the purchased land, he has applied for fresh connection. In the said circumstances, the respondents-authorities are duty bound to give domestic electric connection to the petitioner’s newly constructed house forthwith if the petitioner provides the entire required amount for fresh connection by way of security deposit, estimate cost, meter testing fees as well as a fresh electric meter with all the formalities required for the purpose and the bill would be sent to him as per the said installed meter and fresh electric connection. 7. So far the outstanding dues on the earlier meter over the shop of the original owner Ravindra Nath Sharma and others is concerned, the respondents-authorities will be at liberty to take 4 appropriate action against the person concerned for recovery of the said amount according to the provisions of law keeping in view the fact that the said owner had sold the entire premises on 16.02.2006 to Md. Hashim and others, who had kept a portion thereof with them and had sold only land measuring 2 kathas out of it to the petitioner on 29.03.2007. 8. With the aforesaid directions/ observations, this writ petition is disposed of. Sunil/ ( S. N. Hussain, J.)