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SANDEEP SHARMA
Pure & Cure Healthcare Pvt. Ltd. – Appellant
Versus
HPSEBL – Respondent
JUDGMENT :
Sandeep Sharma, J.
Being aggrieved and dissatisfied with the issuance of communication dated 02.03.2024 (Annexure P2), whereby prayer made by the petitioner herein for installation of new electricity connection, came to be rejected with the observation that firstly petitioner shall have to clear outstanding dues to the tune of Rs. 20,43,837/ payable by the previous owner i.e. M/s Ankur Drug Private Ltd., petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for the following main reliefs:
(ii) Issue a writ of mandamus or any other appropriate writ directing the respondent to compensation the petitioner in terms of the Himachal Pradesh Electricity Regulatory Commission (Distribution Performance Standards) Regulations, 2010, for the delay in attributable to the respondent for the grant of the electricity connection.”
2. Though, vide orders dated 27.03.2024, 02.04.2024 and 03.04.2024 sufficient time was granted to respondents to file reply
(1) Duty to supply electricity under Section 43 of 2003 Act is not absolute and is subject to such charges and compliances stipulated by Electric Utilities as part of application for supply of electr....
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....
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.
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....
The auction purchaser is liable for the previous owner's electricity dues under the U.P. Electricity Supply Code 2005, as the statutory provisions impose a duty to verify such dues.
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