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2010 Supreme(All) 100

S.C.CHAURASIA, D.P.SINGH
RAYANA PAPER BOARD INDUSTRIES LTD. – Appellant
Versus
U. P. POWER CORPORATION LTD. – Respondent


Advocates:
Counsel :
Vishal Dixit for the Petitioner; C.S.C., Manoj Kumar Dwivedi, S.K. Gaur for the Respondent.

JUDGMENT

By the Court.—Heard the learned counsel for the petitioner, Sri Manoj Kumar Dwivedi, learned counsel for the U.P. Power Corporation as well as Sri S.K.Gaur, learned counsel appearing on behalf of respondent No. 4.

2. The respondent No. 4, owner of an industry, had transferred a portion of its industrial land to the petitioner through the registered sale deed dated 14th September, 2006. After execution of the sale deed dated 14th September, 2006, for the purpose of possession of land in question, the respondent-U.P.Power Corportion has sent a demand notice to the petitioner for payment of electricty dues to the tune of Rs. 25,36,000/-. Feeling aggrived, the present writ petition has been filed.

3. The submission of learned counsel for the petitioner is that the petitioner does not have any electricity connection and whatever electricity charges are due, it is because of consumption by the respondent No. 4 as the electricity connection was also in the name of respondent No. 4. Accordingly, the submission of the learned counsel for the petitioner is that the amount in question cannot be recovered from the petitioner since he has not utilized the electricity.

4. On the other hand,














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