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 envisaged under Section 43(3) of the Indian Electricity Act, 2003 [hereinafter referred to as ‘the Act, 2003’], for their failure to supply electricity to the petitioners within one month of receipt of their applications for providing fresh electrical connections.

2. Mr. M. S. Mittal, learned Sr. counsel for the petitioners, submits that the petitioners have purchased the premises in question on 03.02.2020 & 23.02.2021 respectively from one Mr. Pawan Kumar Agarwal and thereafter they applied for providing fresh electrical connections on 02.06.2020 & 31.01.2022 respectively. However, the said applications were rejected by the respondents vide separate communications made on 13.09.2020 & 13.05.2022 respectively stating that new electric service connection would not be provided in the premises in question as there was dues of Rs. 78,88,376/- against the erstwhile owner, namely, M/s Pawan Biscuit Company Private Limited due to which the electric connection of the said premises was disconnected.

3. It is further submitted that the said 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) Regulations, 2015 [hereinafter referred to as ‘the Regulations, 2015’]. Section 43 of the Act, 2003 casts a duty upon the distribution licensee to provide electrical connection to a consumer within one month from the date of 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 has also been provided under Section 43(3) of the Act, 2003 which would suggest that Section 43 has been enacted for the benefit of the consumers and casts a mandatory duty on the distribution licensee. 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 fresh electricity connection. The Clause 6.10(a) of the Regulations, 2015 stipulates that the distribution licensee shall inspect before providing electrical connection to see that there is no outstanding due in the applicant's name or on the premises for which the new connection is being applied for and during inspection, if it is found that 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, then the distribution licensee shall provide the electrical connection to the appli