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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Assam Power Distribution Company Ltd., Represented Its Managing Director, Sri Rakesh Kumar – Appellant
Versus
Electricity Ombudsman – Respondent
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr. K.P. Pathak, learned Standing counsel, APDCL for the petitioner. Also heard Dr. A.K. Saraf, learned Senior Counsel assisted by Mr. D Goswami, learned counsel for the respondent no.2.
2. This writ petition has been filed by the Assam Power Distribution Company Ltd. (hereinafter referred to APDCL) challenging the impugned judgment dated 15.11.2022 passed by the Electricity Ombudsman in Appeal Petition No. 1/2022. The second respondent in the writ petition is M/s H.K. Sagar Realtors LLP while the Brahmaputra TMT Bars Private limited and the State Bank of India are arrayed as proforma respondents.
3. It requires a mention that M/s H.K. Sagar Realtors LLP, the second respondent herein, has also filed a writ petition being WP(C) 1358/2023 arraying the APDCL as the contesting respondent, praying for reliefs which would depend upon the outcome of this petition. Though for the sake of convenience both the writ petitions were heard together, separate orders are proposed to be passed in the both the writ petitions respectively.
Facts involved in this case:
4. M/s Brahmaputra TMT Bars Pvt. Ltd. had been sanctioned an electricity connection for 8000 KW of powe
New owners of properties are liable to pay fixed electricity charges of prior tenants, while charges deemed unlawful cannot be enforced against them.
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.
An encumbrance to be a charge must be such a burden on land which, by reason of a statutory provision diminishes value of the land and such a burden, therefore, is capable of being found out on inspe....
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.
Electricity dues of previous owners can be enforced against subsequent owners, while certain charges are deemed non-recoverable. Urgency in processing requests for connection following dues settlemen....
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