HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.13584 of 2003 Date : 06.08.2009 Between : Sripati Chandramouli. …..Petitioner And Northern Power Distribution Company Limited, Warangal, rep. by its Superintending Engineer (Operations) & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.13584 of 2003 ORDER : In this writ petition, the petitioner, who is the Managing Partner of a rice mill, seeks directions by way of mandamus, to declare the action of respondents in not adjusting an amount of Rs.1,54,069/-, paid by the petitioner on 26.12.1998, in his future consumption bills, as illegal and arbitrary. 2. Facts of the case are in a very narrow compass. The petitioner is the Managing Partner of a rice mill, which is being run in the name of ‘Trilokeswara Modern Rice Mill’ in Regonda village and Mandal of Warangal district. Previously, it was being run in the name and style of ‘M/s.Sarweswara Rice and Oil Mills’, which was established by the previous management by availing financial assistance from the State Finance Corporation. As the previous owners of the said mill failed to pay the loan amount due to the State Finance Corporation, the Corporation has initiated proceedings under Section 29 of the State Finance Corporation Act, and the Unit is put to sale. The petitioner, who has participated in the auction, was the highest bidder, and purchased the Unit for an amount of Rs.5 lakhs. Accepting the bid of the petitioner, the Corporation has transferred the rice mill to the petitioner by executing a sale deed in his favour on 17th of February 1999. After purchasing the Unit, the petitioner has changed the name of the rice mill from ‘M/s.Sarweswara Rice and Oil Mills’ to that of ‘Trilokeswara Modern Rice Mill’. 3. In this writ petition, it is the grievance of the petitioner that though he was not in arrears to the respondent-Northern Power Distribution Company towards electricity consumption charges, but under the threat of disconnection, the respondents have collected an amount of Rs.1,54,069/- towards the arrears of previous owner. It is submitted that as much as the petitioner is purchaser of the Unit in the open auction conducted by the State Finance Corporation, he is not liable to pay the arrears of previous management. In support of his argument, reliance is placed by the learned counsel for petitioner in the case of M/s.Isha Marbles v. Bihar State Electricity Board[1]. 4. Although no counter affidavit is filed, in this case, it is not in dispute that the petitioner is continuing the same service connection, which the previous management has obtained by entering into an agreement with the respondent-Distribution Company as per the Terms and Conditions of Supply, framed under Section 49 of the Electricity Supply Act, 1948. In the case of Isha Marbles (1 supra), upon which, the learned counsel for petitioner has placed reliance, the purchaser has applied for fresh service connection for supply of electricity in the same premises, which was purchased in the auction. Under the said circumstances, it was held by the Hon’ble Supreme Court that when the purchaser of property makes an application for supply of energy by seeking fresh connection, the arrears of the previous management cannot be demanded from him. But in the case on hand, the petitioner is using the same service connection, which was obtained by the previous owner of the premises by entering into an agreement with the respondent- Distribution Company. Thus, by seeking continuous supply pursuant to the same agreement, the petitioner has made himself liable to pay the consumption arrears. If the petitioner has made an application for fresh connection, he would have stood on a different footing, but however, when he is seeking supply based on the previous consumer’s agreement, of which, there are consumption arrears, the judgment of the Hon’ble Supreme Court in the case of Isha Marbles (1 supra) would not render any assistance to the case of the petitioner. Therefore, I do not find any illegality in collecting an amount of Rs.1,54,069/- from the petitioner towards the arrears of the existing service connection, which is being continued by him to run the rice mill by changing the name from ‘M/s.Sarweswara Rice and Oil Mills’ to that of ‘Trilokeswara Modern Rice Mill’. 5. It is represented by the learned counsel for petitioner that there were some discrepancies in the bills issued, and inspite of the request made by him, no particulars of arrears are furnished. So far as the said aspect is concerned, the petitioner shall make an application to the respondents, within a period of four weeks from the date of receipt of a copy of this order, seeking to give the particulars of arrears. On receipt of such application, the respondents shall furnish the details of consumption bills paid or payable by the petitioner, within a period of four weeks from the date of receipt of such application. 6. Subject to above observations, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 6th August 2009 ajr [1] 1995 (2) SCC 648