A new property owner is liable for unpaid electricity dues of previous owners as per statutory requirements under the Electricity Act.

ORDER :

NAGESH BHEEMAPAKA, J.

Since petitioner is common and the lis involved in both the Writ Petitions is similar, both of them are heard together and a common order is being passed.

2. Petitioner states that he is the owner and possessor of open agricultural land admeasuring Acs. 2.25 guntas in Survey No. 214/B of Janwada Village, Shankarpally Mandal, Ranga Reddy District having purchased the same through Registered Sale Deed dated 21.5.2008; Revenue authorities have also mutated his name and issued pattadar pass book. Petitioner states that electricity Service Connection was issued to the above property vide LT SC No. 120701682 and till this date, there are no arrears on the said Service Connection.

2.1. While so, it is stated that the 3^rd Respondent – Superintendent Engineer issued Notice dated 16.08.2019 stating that HT SC No. CBC 363 (Old SC No. RRD 353) which was initially in the name of Giridhar Ispat and subsequently in the name of M/s Airan Comptrax Pvt. Ltd. has got pending arrears of consumption charges to the tune of Rs. 6,58,94,764/- as on 31.07.2017 and therefore, directed petitioner to pay the said amount or else Service Connection No. 120701682 would be disconnected apart from initiating proceedings under the Revenue Recovery Act. Petitioner contends that he has filed a reply dated 28.12.2019 to the said notice intimating that he is no way concerned/connected with the dues of above Service Connection as mentioned in the notice. It is stated by him that except the LT Service Connection for the agricultural property, there is no HT Service Connection belonging to him and further contends that he is not liable to pay the electricity dues of above mentioned companies, hence requested for withdrawing the said notice.

2.2. It is further contended that in 2021, Respondents have also installed a transformer for supply of LT power 3 phase, 25 KW in the open agricultural land belonging to petitioner but without any notice, the said connection was disconnected on 14.10.2021. Hence petitioner was constrained to file Writ Petition No. 37524 of 2021. When the matter is pending adjudication, respondents, without any notice and without issuing any proceedings, all of a sudden, came to petitioner’s property on 16.06.2025 and disconnected power to the service connection and demanded petitioner to clear the dues pertaining to HT SC No. CBC353 (old SC No. RRD 353) It is contended that the action of respondents is in contravention of the Electricity y Act, 2003 and the Regulations made thereunder by the Regulatory Commission. Hence, petitioner filed Writ Petition No. 16757 of 2025.

3. Respondents filed Counter Affidavit vehemently contending that the property in which Service Connection of petitioner viz. LT SC No. 120701682 is given, earlier belonged to M/s Giridhar Ispat who had industrial Service Connection bearing HT SC No. CBC 353 (Old SC No. RRD 353) which had been subsequently changed in the records of Respondents in the name of Airan Comptrax Pvt. Ltd. The said Service Connection was disconnected for non-payment of arrears of Rs. 1,64,40,440/- and in spite of several communications issued, dues have not been paid. Therefore, steps were taken by Respondents for recovery of dues under the Revenue Recovery Act, by issuing Notices in Form ‘A’, ‘B’ and ‘C’ and arrears as on 31.7.2022 stood at Rs. 7,34,16,264/-.

3.1. It is stated that the Managing Director of the previous companies viz. one Munnalal Agarwal is none other than the father of petitioner. It is contended that petitioner and his father, to avoid payment of electricity dues, have changed the ownership of the subject land in the name of petitioner by treating the property to be an agricultural land. The Dist