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SABYASACHI BHATTACHARYYA
Anupriya Agro Industry – Appellant
Versus
West Bengal State Electricity Distribution Company Limited – Respondent
JUDGMENT :
SABYASACHI BHATTACHARYYA, J.
1. The petitioner M/s. Anupriya Agro Industry is a sole proprietorship firm having one Bishnu Pada Das as its proprietor.
2. When the writ petitioner sought for an electricity connection for industrial purpose to open a unit on Plot No. 3224, Khatian No. 5115, P.S. Raghunathganj, District- Murshidabad, the West Bengal State Electricity Distribution Company Limited (WBSEDCL) intimated its inability to give such connection vide letter dated 16, 2021 on the ground that there were outstanding dues (without LPSC), totalling Rs. 1,47,809/- being Rs. 54,418/- for Consumer ID No. 300438006 and Rs. 93,391/- for Consumer ID No : 300239058, on account of non-payment of energy bills.
3. By placing reliance on Clause 13.9 of Regulation 46/WBERC dated May 31, 2010, the WBSEDCL insists upon such payment prior to the new connection being given to the petitioner.
4. The present writ petition has been filed challenging such demand of the WBSEDCL.
5. Upon hearing learned counsel for the parties, it transpires that three plots of land are involved in the present dispute.
6. Plot No. 3223 concerned Late Bahaddur Chandra Das, who had alleged outstanding dues of Rs. 93,39
The main legal point established in the judgment is the interpretation and application of Regulation 46/WBERC, which requires an intending consumer to pay all outstanding dues to the licensee in resp....
In the absence of any nexus between the new owner and the previous owner/occupant, the new owner is not liable for outstanding electricity dues left by the previous owner/occupant.
A distribution licensee cannot recover electricity dues from a new owner without establishing a nexus with the previous owner, and the requirement for a 'No Dues Certificate' is directory.
That electricity dues, where they are statutory in character under the Electricity Act and as per the terms and conditions of supply, cannot be waived in view of the provisions of the Act itself more....
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