The electricity company is entitled to deny a new connection until all related dues are cleared, in accordance with regulatory provisions.

1. Heard Ms. Sangeeta Pahwa learned advocate for the petitioner and Ms. Lilu Bhaya learned advocate for the respondent - Electricity Company.

2. By way of this petition under Art.226 of the Constitution of India, the petitioner has challenged the communication / order dated 27.06.2022 passed by the respondent in context of granting a new electricity connection to the petitioner at the subject premises being survey No.1945, Dholka, Ahmedabad.

3. The facts in brief would indicate that the petitioner is the owner of land bearing survey No.1945. At the earlier point of time as a proprietor of Arihant Industries at Rampur (hereinafter to be referred to as 'Rampur premises' for short), the petitioner, as a consumer, had an electricity connection as connection No.27103/00353/0. Irregularities were found in the electricity connection and usage thereof. However, on 09.04.2010, the Rampur premises was sold by the petitioner to Astral Polytechnic Limited. The successful purchaser thereafter applied for a new connection. Having found that the seals were broken and on a laboratory report post the sale dated 14.07.2010, bill of Rs.40,63,185.21 was issued to Arihant Industries on 27.07.2010. Astral Polytechnics Limited, the subsequent purchaser was denied the electricity connection on the ground of outstanding electricity dues on such premises. Aggrieved by this, Astral Polytechnic approached this Court by filing Special Civil Application No.7617 of 2011, which was disposed of by this Court on 11.10.2011, on the subsequent purchaser agreeing to pay an amount of Rs.80,72,423/- including the amount payable by the present petitioner.

4. When the petitioner applied for a new connection for separate premises viz. survey No.1945, by the impugned communication relying on para 4.30 of the Electricity Supply Code , 2015, the request was rejected. Hence, the petition.

5. Ms. Sangeeta Pahwa learned counsel for the petitioner would initially draw the Court's attention to the fact that when Astral Polytechnic Limited approached this Court for a new connection for separate premises, of which, the petitioner was the previous owner, the subsequent purchaser agreed to pay the amount of Rs.80,72,423/- which included the bill of Rs.40,63,185.21, which according to the electricity company was payable by the petitioner. Having so agreed and paid the amount, there were new pending dues as far as the distribution licensee was concerned. Relying on para 4.30 of the Electricity Supply Code , she would submit that the dues in connection with the previous premises which no longer now are in the ownership of the petitioner, had been cleared. That being the position, there was no reason why the petitioner could not be entitled to an electricity connection for an entirely different premises being survey No.1495. Moreover, even otherwise, a Civil Suit has been filed by the Electricity Company which is pending before the Civil Court against the petitioner for recovery of its dues. That being the position and when in light of the order of this Court passed in Special Civil Application No.7617 of 2011, when the dues have already been paid, the petitioner is entitled to avail the electricity connection as the remedy of a civil suit at the hands of the electricity company is still pending. She would therefore submit that her case would be covered by the clause which interpreted in the perception of the petitioner inasmuch as the distribution licensee's dues have been cleared in accordance with th