The main legal point established in the judgment is that auction purchasers are entitled to a new electricity connection and cannot be denied based on outstanding dues from the previous owner, as per Clause 4.17 of the MP Electricity Supply Code, 2004.

Abhay M. Naik, J.

1. Petitioners have assailed the denial of Madhya Pradesh State Electricity Board contained in its letter dated 8-5-2007 marked as Annexure P-1, in respect of electric connection to auction purchasers on the ground that there were dues against the person who availed electricity in the same premises prior to auction.

2. Short facts giving rise to the present writ petition are that the Cent Bank, Home Finance Limited (respondent No. 4) issued a notice to auction various properties in exercise of powers under Rule 8 framed under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which included the subject flat situated in Serve Dharma Colony, Bhopal, as revealed in the advertisement marked as Annexure P-2. Petitioners being the highest bidder, purchased the said flat in open auction on 28-2-2007. A sale certificate was duly issued on 16-3-2007 and it was duly forwarded for registration to the office of Sub-Registrar, Bhopal, vide Annexure P-4, dated 16-3-2007.

3. Thereafter, the petitioner made application in due manner to the M.P. Madhya Kshetra Vidyut Vitran Company Limited (respondent No. 1) for grant of electric connection. Respondent No. 1 refused to grant the connection on the ground that certain dues were outstanding against the electricity connection availed in the same flat by the previous owner. Aggrieved by the same, present writ petition has been preferred on 3-7-2007.

It has been averred in the writ petition that the respondent No. 3 had published an auction notice in the newspaper for sale of the subject property to recover the loan amount under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'Act of 2002' for brevity). Petitioners purchased the said flat for Rs. 1,26,000/- being the highest bidder and was granted sale certificate. Requisite charges for its registration with the office of Sub-Registrar were also deposited vide receipt dated 28-3-2007. Petitioners are entitled to obtain a new electricity connection in the purchased property and the same cannot be denied on account of dues of the previous owner. Strength has been derived by the petitioner from the law laid down by the Apex Court in the case of Isha Marbles v. [1995] 1 SCR 847 and Ahmedabad Electricity Co. Ltd. v. AIR 2004 SC 217.

4. Respondent Nos. 1 to 3 submitted their return refuting thereby the claim of petitioners. They asserted that they have a right to insist for dues of the previous owner and may deny the grant of electricity connection in the same premises until the dues are cleared. For this purpose, Rule 4.17 of the Madhya Pradesh Electricity Supply Code, 2004, has been quoted in specific in the return, which is reproduced below:

;fn miHkksDrk fdlh iwoZorhZ vuqca/k tks fd mlds uke ;k ml QeZ ;k dEiuh ftlds lkFk og iwoZ esa Hkkxhnkj] funs'kd ;k izca/k funs'kd ds :i essa lac) jgk gks ds uke esa fu"ikfnr fd;k x;k Fkk] ls ml ifjlj] tgka uohu dusD'ku dk vkosnu fn;k tkuk gS] ij fo|qr iznk; ds cdk;k ;k vU; cdk;k jkf'k gS vkSj ;g cdk;k jkf'k vuqkfIr/kkjh dks ns; gS rks vuqKfIr/kkjh }kjk vkiwfrZ dk vkosnu ij rc rd dksbZ fopkj ugh fd;k tk;sxk tc rd cdk;k jkf'k dk iw.kZ Hkqxrku ugh gks tkrk gS A fdlh O;fDr dk ,d ubZ lEifŸk dk vf/k"Bkrk cuus ij ;g nkf;Ro gksxk fd vkf/kiR; xzg.k djus ds igys og iwoZ ds fo|qr fcyksa dh tkap djs vFkok vkiwfrZ la;kstu ds foPNsfnr jgus dh fLFkfr esa ifjlj ds vf/k"Bku ds 'kh"kZ igys] vuqKfIr/kkjh ds vfHkys[kks ls cdk;k jkf'k dh tkap djs vkSj ;g lqfuf'pr djs fd fcy es n'kkZ;h cdk;k fo|qr jkf'k dk fuiVku ,oa Hkkjekspu gks pqdk gS A ,sls fdlh O;fDr ds vkosnu ij ml ifjlj es iwoZ esa ;k orZeku esa LFkkfir dusD'ku ij cdk;k jkf'k dk izek.k&i= tkjh djus ds fy, vuqKfIr/kkjh igys ls pkyw fdlh dusD'ku ds }kjk ifjlj dks fo|qr vkiwfrZ nsus ;k ifjlj esa uohu dusD'ku nsus ls euk dj ldrk gS tc rd fd vuqKfIr/kkjh dks ,slh cdk;k jkf'k dk Hkqxrku ugh gks tkrk gSA
5. Return was subm