PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:

1. The petitioners have filed the instant application for the following relief:

"I. For issuance of a direction upon the respondent North Bihar Power Distribution Company Ltd. (Hereinafter referred to as the Company for short) and its authorities to supply electricity connection to the petitioner's premises for which the petitioner has already applied and has already deposited the application fee on 26.06.2018;

II. For holding and a declaration that the petitioner cannot be denied the electrical connection for reasons of pendency of outstanding dues of the tenant who had availed a new electricity supply connection from the respondent company after making an application without any signature or consent or in any manner any approval of the petitioner and in whose name a new meter was installed by the respondent company on payment of the requisite security amount and other charges;

III. For grant of any other relief or reliefs to which the petitioner is found entitled in the facts and circumstances of the case;"

2. The brief facts culled out of the writ petition is that the petitioner owns a premises of approximately 31,920 sq. ft., situated at Lakho Manjhlapur Baliya, Begusarai district, which was leased to Hindustan Spirits Ltd., Jaipur, under a rental agreement dated 21.08.2014. It is contended that the tenant independently applied for a high-tension electricity connection and the same was sanctioned by the respondent company in the year 2015, without the petitioners' knowledge or consent. It is further contended that following the State Government's prohibition on liquor manufacturing and sales, the tenant vacated the premises in the month of September 2017, and the respondent company removed the electricity meter in the month of November 2017, informing the petitioner of outstanding dues amounting to Rs. 17,41,960/-, which were solely payable by the tenant of the petitioners.

3. The Learned counsel for the petitioner submitted that the petitioners had no knowledge about the liability of his tenant's dues, and that the petitioner applied for a afresh electricity connection on 26.06.2018. However, despite of repeated reminders, the respondent company neither responded nor granted the connection.

4. It is further contended that the denial of fresh electricity connection, on account of the tenant's outstanding dues is illegal and unjustified, infringing the petitioner's fundamental rights under Articles 14, 19(1)(g), 21, and Article 300A of the Constitution of India.

5. A detailed counter affidavit was filed by respondents stating therein that the allegation that electricity connection was denied solely on the basis of the tenant's arrears. It is, however, admitted that the petitioner had applied for a new connection on 26.06.2018 and deposited the application fee.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMjAxNjAjMjAxOCMxI04=-D2dp3SPrJqc=

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