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2025 Supreme(Raj) 243
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MUNNURI LAXMAN, J
Vikash Lohar - Appellant
Versus
Ajmer Vidhyut Vitran Nigam Limited - Respondent
CW / 10415 / 2023
Decided On : 17-03-2025
Mr. Sandeep Bishnoi on behalf of Mr. Trilok Joshi; Mr. Vikram Choudhary
A subsequent purchaser must clear any outstanding dues from the previous owner to obtain an electricity service connection.
Headnote:
(A) Electricity Act, 2003 - Service connection - The petition challenges the rejection of an electricity service connection request due to arrears owed by the previous owner - The petitioner asserts there were no outstanding dues at the time of purchase - Respondents rely on Supreme Court precedent requiring subsequent purchasers to settle any dues - Court finds it cannot direct service connection without clearance of dues and cannot resolve factual disputes regarding arrears - (Paras 1-8)
(B) Legal principle - The principle established is that a subsequent purchaser is responsible for clearing any outstanding dues from the previous owner before obtaining a service connection.
(C)
Findings of Court:
The Court dismisses the writ petition, stating it lacks merit due to the outstanding arrears.
(D)
Issues: The core issue is whether the petitioner is liable for the previous owner’s arrears before receiving a service connection. (E)
Ratio Decidendi: The court ruled that the law mandates the clearance of previous dues by subsequent purchasers before a new connection is granted, as established in precedent. (F)
Result: Writ petition dismissed.
Order :
1. The present writ petition has been filed challenging the order dated 31.03.2023 (Annex.P/8) passed by the respondents whereunder the request for grant of electricity service connection was rejected on the ground that the previous owner Smt. Badami Bai wife of Gopal Prajapat fell in arrears.
2. The grievance of the petitioner is that the petitioner had purchased the house property from Smt. Badami Bai under registered sale-deed. After such a purchase, the mother of the petitioner had filed an application for grant of electricity connection in the aforesaid house property. When such a request was made, the respondents have issued a demand notice asking the applicant to make a payment of Rs. 1,89,753/- so as to grant fresh electricity connection.
3. The contention of the learned counsel for the petitioner is that when the petitioner had purchased the aforesaid house property, there was no outstanding amount in the name of previous owner - Smt. Badami Bai.
4. However, learned counsel representing the respondents submits that there are old dues in the name of Smt. Badami Bai in respect of previous electricity connection and as such without clearing the old due arrears, no fresh electricity connection could be granted in the name of the petitioner.
5. Learned counsel for the respondents has placed reliance on the decision of Supreme Court in the case of K.C. Ninan Vs. Kerala State Electricity Board & Ors. : (2023) 9 SCR 637 and submits that as per the decision of Supreme Court in the aforementioned case, the subsequent purchaser is required to pay the arrears, if any due is outstanding in the name of previous owner.
6. In light of the clear-cut law laid down by the Supreme Court, this Court cannot give any direction to the respondents to grant any fresh electricity connection in absence of clearance of outstanding amount of Rs. 189753/- due in the name of previous owner. Further, this Court cannot decide the disputed question of fact whether any arrears fell in the account of previous owner or not.
7. In such circumstances, the present writ petition is devoid of any merit and the same is hereby dismissed.
8. However, it is open to the petitioner that if he is willing to clear the arrears due in the name of the previous owner, in that event, the respondents are directed to give/grant fresh electricity connection in the name of the petitioner.
