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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
| Table of Content |
|---|
| 1. the petitioners are pursuing claims related to electricity dues. (Para 1 , 2) |
| 2. court's determination of electricity dues and obligations for connection. (Para 3 , 4 , 5) |
| 3. writ petition disposed of, costs borne by each party. (Para 6) |
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
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.
The licensee must grant a new electric connection despite outstanding dues against a prior occupant if the current occupant agrees to pay the amount.
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.
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