The Chairman And Managing ... vs M/S Sri Sai Baba Cellulose Pvt Ltd
2023 Latest Caselaw 4067 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                                AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

               WRIT APPEAL No.1078 of 2023

JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)

        Mr.   R.    Vinod   Reddy,      learned    counsel   for   the

appellants.

        Mr. K.K. Waghray, learned counsel for respondent

No.1.

        Ms. Harija Akkineni, learned Government Pleader for

Energy for respondent No.2.


2.      This intra court appeal has been filed against an

order dated 05.01.2023 passed by the learned Single Judge

by which W.P.No.1859 of 2022 filed by respondent No.1

has been allowed.


3.      Facts

giving rise to filing of this appeal briefly stated

are that respondent No.1 was provided with a service

connection in the premises situated at Patancheru,

Sangareddy, Medak District. Respondent No.1 has

obtained possession of the said premises through a ::2::

registered sale deed dated 04.08.1994. It appears that the

lessee of respondent No.1 - Company defaulted in payment

of arrears of electricity bills to the appellants. Thereupon,

the electricity connection to the premises of respondent

No.1 - Company was disconnected. Respondent No.1 -

Company challenged the aforesaid action of the appellants

in W.P.No.1859 of 2022. Learned Single Judge by an order

dated 25.01.2023 has allowed the aforesaid writ petition.

4. It is trite law that for arrears of payment of electricity

dues by the predecessor-in-title of respondent No.1, no

action for disconnection of electricity supply can be taken

against respondent No.1. The aforesaid issue is no longer

res integra and is covered by a decision of the Supreme

Court in Assistant Engineer (D1), Ajmer Vidyut Vitrann

Nigam Limited and another vs. Rahamatullah Khan @

Rahamjulla 1. Even otherwise, the appellants have already

initiated the proceedings under the Revenue Recovery Act,

1864 for recovery of the amount of arrears of electricity

due.

(2020) 4 SCC 650 ::3::

5. For the aforementioned reasons, we do not find any

ground to differ with the view taken by the learned Single

Judge.

6. In the result, the appeal fails and is hereby

dismissed.

As a sequel, miscellaneous petitions, pending if any,

stand closed.

____________________________ ALOK ARADHE, CJ

____________________________ N.V.SHRAVAN KUMAR, J

Date: 16.11.2023 ES