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RAJESH SHANKAR
Shivam Builders and Developers, Chakradharpur, Sighbhum West, through one of its partners, Mr. Nikesh Singhania – Appellant
Versus
Jharkhand Urja Vikas Nigam Limited, through its Chairman-cum-Managing Director – Respondent
JUDGMENT :
Rajesh Shankar, J.
Both these writ petitions have been filed for issuance of direction upon the respondents to grant fresh electrical connections to the petitioners in their respective premises situated over Plot No. 292, Khata No. 62 [W.P.(C) No. 3650 of 2020] and Plot Nos. 288 & 289, appertaining to Khata Nos. 80 & 62 respectively Ward No. 06, Toklo Road, near Sai Mandir, Chakradharpur (West Singhbhum) [W.P.(C) No. 4435 of 2022]. Further prayer has been made for a declaration that the petitioners cannot be imposed the liability of Rs. 78,88,376/- towards unpaid electricity dues of the predecessor-in-title i.e. M/s Pawan Biscuit Company Private Limited in respect of the said properties purchased by them. The petitioners have also prayed for quashing communication dated 03.09.2020 [in W.P.(C) No. 3650 of 2020] and communication dated 13.05.2022 [in W.P.(C) No. 4435 of 2022] wherein it has been stated that new service connection cannot be provided to them as the said premises was in occupation of the erstwhile owner whose electrical line was disconnected due to non-payment of dues of Rs. 78,88,376/-. It has also been prayed for directing the respondents to pay penalty as en
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.
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.
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....
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....
(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....
The electricity company is entitled to deny a new connection until all related dues are cleared, in accordance with regulatory provisions.
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