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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
H.K. Sagar Realtors LLP, Rep. By Its Partner, Shri Ravi Prakash Agarwal – Appellant
Versus
Assam Power Distribution Company Ltd., Rep. By Its Managing Director – Respondent
JUDGMENT :
Rajesh Mazumdar, J.
Heard Dr. A.K. Saraf, learned Senior Counsel assisted by Mr. D Goswami, learned counsel for the Petitioners. Also heard Mr. K.P. Pathak, learned Standing counsel APDCL. The learned counsels, who also appear for the contesting parties in WP(C) 749/2023 had submitted that the orders passed in WP(C) no 749/2023 would have bearing in writ petition and therefore WP(C) 749/2023 was first taken up for adjudication.
2. WP(C) no 749/2023 had been filed by the APDCL,who are the respondents herein, assailing the order dated 15.11.2022 passed by the Learned Electricity Ombudsman in connection with Appeal Petition no. 1/2022, which was preferred by the petitioners herein. The petitioners herein were arrayed as respondent no.2 in WP(C) 749/2023.
3. By an order passed today, WP(C) no 749/2023 has been disposed of. The part of the order relevant for the purposes of this writ petition are quoted below:
“1. The findings with regard to the first point of determination is interfered with and it is held that the electricity dues of the previous owner can be brought upon the new owner of the premises.
2. The judgment dated 22.12.2021 passed by the learned CGRF was correctly held
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....
New owners of properties are liable to pay fixed electricity charges of prior tenants, while charges deemed unlawful cannot be enforced against them.
The electricity company is entitled to deny a new connection until all related dues are cleared, in accordance with regulatory provisions.
Compliance with the process under Section 42(5) of the Electricity Act, 2003 and payment of outstanding dues are essential for obtaining a fresh electrical connection.
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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