JUDGMENT :

The present writ petition has been filed for issuance of direction upon the respondents to grant fresh electrical connection to the petitioner at the premises situated at Plot No. 292, Toklo Road, 368, Near Sai Mandir, Chakradharpur in furtherance to the application made by it through online mode which was registered as Request No. NC15254109 on 02.06.2020. Further prayer has been made for declaring that the petitioner cannot be imposed with the liability of the predecessor-in-title i.e., M/s Pawan Biscuit Company Private Limited amounting to Rs.78,88,376/- allegedly towards unpaid electricity dues in respect of the said property purchased by the petitioner. The petitioner has also prayed for quashing the communication dated 03.09.2020 available on the website of JBVNL, wherein it has been stated that new service connection cannot be given to the petitioner as the said premises was in occupation of the erstwhile owner whose line had been disconnected due to unpaid dues of Rs.78,88,376/-. The petitioner has further prayed for issuance of direction upon the respondents to pay the penalty as envisaged in Section 43(3) of the Indian Electricity Act, 2003 (hereinafter referred to as “the Act, 2003”) for their failure to supply electricity to the petitioner within one month after receipt of its application for fresh electrical connection.

2. The learned Senior Counsel for the petitioner submits that the petitioner purchased the premises in question on 03.02.2020 from one Pawan Kumar Agarwal and thereafter applied for fresh electrical connection on 02.06.2020 under commercial services (NDS-II) tariff for a contracted load of 10 KW to be supplied at 400V (three phase) submitting all supporting documents as well as the requisite fee for the same. However, the application of the petitioner was rejected on 03.09.2020 stating that new electric service connection cannot be given for the said premises as there was a dues of Rs.78,88,376/- against the erstwhile owner namely, M/s Pawan Biscuit Company Private Limited and for the said reason, electric connection of the said premises was disconnected. After three months, the petitioner again applied for a fresh electrical connection which was also rejected on the same ground. It is further submitted that the action of the respondents is absolutely contrary to the provisions of the Act, 2003 as well as the Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulation, 2015 (hereinafter referred to as “the Regulations, 2015”). Section 43 of the Act, 2003 casts a duty upon the distribution licensee to provide electric connection to a consumer within one month of the date of the application. The use of the word ‘shall’ makes it evident that the said provision must be mandatorily followed. The consequence of failure to provide the electrical connection within the stipulated time is also provided under Section 43(3) of the Act, 2003 which goes to show that Section 43 has been enacted for the benefit of the consumers and casts a mandatory duty on the distribution licensee. It is also submitted that Jharkhand State Electricity Regulatory Commission (JSERC), a statutory body formed under the Act, 2003, has framed the Regulations, 2015 which inter alia provides the procedure for getting electricity connection. The second part of Clause 6.10(a) of the Regulations, 2015 stipulates that if the erstwhile consumer has left the premises making default in payment of electricity charges and the said premises has come in the legal possession of a new occupant through transfer, who has no nexus with the previous owner/occupant in any manner and applies for connection of the electrical line in the same disconnected premises, the distribution licensee shall provide the electrical connection to the applicant without realization of the arrear/dues of the premises payable by the erstwhile consumer and the subsequent transferee of the premises shall not be held liable to pay/discharge t