BHIKAM CHAND JAIN vs THE DISTRICT REGISTRAR (Administration)
- Court
- Madras High Court
WP No. 42361 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ
WP No. 42361 of 2026 and
WMP Nos.47589 and 47590 of 2026
CNR: {HCMA012443142026}
1. Bhikam Chand Jain
2. B.Harish
3. M.Nagaraj
..Petitioner(s)
Vs
1. The District Registrar (Administration),
Krishnagiri.
2. The Sub-Registrar,
Shoolagiri.
3. The Superintending Engineer,
Krishnagiri Electricity Distribution Circle,
Krishnagiri.
..Respondent(s)
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying for a writ of Certiorarified Mandamus, calling for the records of the
impugned proceedings of the second respondent dated 28.07.2026 in Na.Ka.
No.528/ 2026 and to quash the same and direct the second respondent to register
the pending sale deed document P14 to P16 of 2025.
For Petitioner(s): Mrs.Chitra Sampath,
Senior Counsel for Mr.A.S.Balaji
For Respondent(s): Ms. Anu Ganesan,
Additional Government Pleader
__________
Page 1 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 03:24:17 pm )
WP No. 42361 of 2026
ORDER
The present writ petition is filed challenging the communication dated
28.07.2026, whereby petitioners were directed to pay a sum of Rs.5,71,21,863/-
towards the alleged dues relating to theft of electrical energy under Electricity
Act, attributed to petitioners’ vendor, M/s. A.R.Metalargicals Limited.
Petitioners have also sought a consequential direction to second respondent to
register pending Sale Deeds bearing Document Nos. P14 to P16 of 2025.
2. Learned Senior Counsel appearing for petitioners would submit that
Sale Deeds were presented for registration on 23.05.2025. However, the same
were refused registration by second respondent on 28.10.2025 on the basis of
alleged electricity theft dues attributable to petitioners’ vendor viz., M/s.
A.R.Metalargicals Limited. Aggrieved thereby, petitioners approached this
Court by filing W.P.No.46373 of 2025. The said writ petition was disposed of
by order dated 27.11.2025, issuing the following directions:
“6. Since the second respondent refused to register the sale deed
executed to and in favour of the petitioners, they have filed the
present writ petition. In the present case, if at all there is any
attachment order or any communication received from the
Electricity Board, the respondents are supposed to issue due notice
and opportunity of personal hearing to the parties concerned and
thereafter they would have decided the matter. But, in the case on
hand, the second respondent neither issued any notice nor
conducted an enquiry, in regard to the registration of sale deed,
__________
Page 2 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 03:24:17 pm )
WP No. 42361 of 2026
which is a clear violation of Principles of Natural Justice.
7. In view of the above, this Court is inclined to set aside the
impugned order dated 28.10.2025. Accordingly, the said order is
set aside. Consequently, this Court directs the second respondent
to consider the sale deed dated 23.05.2025, upon the re-
presentation of the same by the petitioners, after issuing due notice
as well as opportunity of personal hearing to the parties concerned
and thereafter, take a decision with regard to the registration of the
sale deed. ”
3. Pursuant thereto, second respondent issued impugned communication
dated 28.07.2026, once again refusing registration of Sale Deeds on the same
ground. Learned Senior Counsel for petitioners would further submit that there
is no attachment order of Electricity Board in respect of subject property. Even
assuming that the matter relates to alleged theft of electrical energy, reliance is
placed on the judgment of the Hon’ble Supreme Court in Haryana State
Electricity Board v. Hanuman Rice Mills, Dhanauri, reported in (2010) 9 SCC
145 , which was subsequently followed by a Division Bench of this Court in a
judgment reported in (2015) SCC OnLine Mad 1299 .
“6.Added further, the Learned Additional Advocate General for the
Appellant/First Respondent cites the decision of Hon'ble Supreme
Court in Haryana State Electricity Board Vs. Hanuman Rice Mills,
Dhanauri and others [2010 (9) SCC at page 145 and at special
pages 150 & 151] whereby and whereunder in para 12 it is
observed as follows:
__________
Page 3 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 03:24:17 pm )
WP No. 42361 of 2026
12.The position therefore may be summarised thus:
(i) Electricity arrears do not constitute a charge over the property.
Therefore, in general law, a transferee of a premises cannot be
made liable for the dues of the previous owner/occupier.
(ii) Where the statutory rules or terms and conditions of supply
which are statutory in character, authorise the supplier of
electricity to demand from the purchaser of a property claiming
reconnection or fresh connection of electricity, the arrears due by
the previous owner/occupier in regard to supply of electricity to
such premises, the supplier can recover the arrears from a
purchaser.”
4. Learned Senior Counsel for petitioners would submit that the above
legal position fortifies petitioners’ contention that second respondent cannot
insist upon payment of alleged electricity dues of petitioners’ vendor as a
condition for registration of Sale Deeds. She would further submit that despite
the specific directions issued by this Court in W.P. No.46373 of 2025, no
attachment order has been communicated to petitioners, nor has any notice or
opportunity of hearing been afforded to them.
5. Learned Additional Government Pleader appearing for respondents
would submit that impugned communication was issued on the basis of the
information received from Electricity Board regarding the electricity dues
attributable to petitioners’ vendor.
__________
Page 4 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 03:24:17 pm )
WP No. 42361 of 2026
6. In the circumstances, this Court is inclined to interfere with the
impugned proceeding inasmuch as second respondent, being the registering
authority, has no jurisdiction to recover the alleged electricity dues, in the
absence of any statutory provision authorising such a course of action.
7. In view thereof, the impugned communication dated 28.07.2026 is set-
aside and the writ petition stands disposed of in the following terms:
i. It is open to the petitioners to re-present the Sale Deeds before second
respondent, if the documents have already been returned.
ii. On such re-presentation or if the Sale Deeds are still pending
registration, second respondent shall consider the same and proceed with
registration of Sale Deeds, if it is otherwise in order and in accordance with law,
keeping in view the principles laid down by this Court in W.P. No.46373 of
2025, dated 27.11.2025, as well as the judgment of Hon’ble Supreme Court in
Haryana State Electricity Board v. Hanuman Rice Mills, Dhanauri, referred to
supra.
iii. If, for any reason, second respondent proposes to refuse registration
of Sale Deeds, the documents shall be returned to petitioners by issuing a
refusal order assigning reasons therefor.
iv. The aforesaid exercise shall be completed within a period of three
weeks from the date of uploading of a web copy of this order, without waiting
for the receipt of a certified copy thereof.
__________
Page 5 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 03:24:17 pm )
WP No. 42361 of 2026
v. It is made clear that this Court has not expressed any opinion on the
merits of claims or objections raised by either party. Second respondent shall
consider the matter on its own merits and pass appropriate orders in accordance
with law.
No costs. W.M.P. No.47589 of 2026 stands ordered on payment of single
Court fee. Consequently, connected miscellaneous petition is closed.
27-10-2026
SHK
__________
Page 6 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 03:24:17 pm )
WP No. 42361 of 2026
To
1. The District Registrar (Administration),
Krishnagiri.
2. The Sub-Registrar,
Shoolagiri.
3. The Superintending Engineer,
Krishnagiri Electricity Distribution Circle,
Krishnagiri.
__________
Page 7 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 03:24:17 pm )
WP No. 42361 of 2026
MOHAMMED SHAFFIQ, J.
SHK
WP No. 42361 of 2026
27-10-2026
__________
Page 8 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 03:24:17 pm )