C.L.SONI
Hotel Satyaketu – Appellant
Versus
Madhya Gujarat Vij Company Ltd. – Respondent
C.L. Soni, J.
1. In all these petitions filed under Article 226 of the Constitution of India, common grievance is made against insistence of the Gujarat Electricity Board - now the Vij Company (to be referred as "the Company") for payment of the outstanding dues of the erstwhile consumers, whose premises are purchased by the petitioners in auction, for giving electric connection to the petitioners.
2. It is the case of the petitioners that they have purchased the units of the erstwhile consumers in public auction and they are not required to discharge any liability of the erstwhile consumers and they cannot be denied electric connection by the company by insisting that they should first discharge the outstanding dues of the erstwhile consumers. However, the stand of the Company is that by virtue of the condition No. 2(j) inserted in conditions for supply of electricity in exercise of the powers under Section 49 of the Electricity Supply Act, 1948 ('the Supply Act'), the company is entitled to insist for payment of the outstanding dues of the erstwhile consumers by the petitioners- purchasers of the units of the erstwhile consumers as precondition for giving electric connect
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