Navin Sinha JUDGMENT
L. Nageswara Rao, J.
1. The Writ Petition filed by Respondent No. 1 challenging the action of the Appellants in not releasing the Low Tension (domestic) Power Supply was allowed by a Single Judge of the Andhra Pradesh High Court. The appeal filed by the Appellants was dismissed by the Division Bench. Challenging the legality and validity of the said judgment the Appellants have approached this Court by fling this appeal.
2. The City Union Bank Limited, the Second Respondent herein issued a tender/sale notice under SARFAESI Act, 2002 for sale of land, plant and machinery in Survey Nos. 168/169 in Bollaram village, Medak district which belonged to M/s. J.T. Alloys Private Limited. The property was brought to sale due to default in payment of the outstanding loan amount. It was stated in the tender/sale notice dated 22.02.2006 that the sale would be on "as is where is" condition. The First Respondent participated in the auction and was declared the highest bidder in respect of dry land measuring 0.36 hectares in Survey No. 168, Bollaram village. A certificate of sale was issued by the authorised officer of the Respondent-Bank on 12.04.2006 and the delivery and possession of the property sold was made free from all encumbrances known to the secured creditor on receipt of Rs. 1,12,50,000/-.
3. Appellant No. 3, the Superintending Engineer, Operation Circle Medak, informed the Respondent-Bank that an amount of Rs. 1,88,23,185/- was due towards electricity charges from M/s. J.T. Alloys Private Limited. The Third Appellant requested the Bank to transfer the residual amount realised from the sale for adjustment towards arrears payable by M/s. J.T. Alloys Private Limited. The Bank informed the Third Appellant that there was no amount left after utilisation of the sale proceeds towards its dues.
4. The First Respondent applied for a Low Tension (domestic) electricity connection to the premises which he purchased in the auction conducted by the Second Respondent-Bank. As there was no response from the Appellants, the First Respondent filed a Writ Petition in the High Court of Andhra Pradesh. The said Writ Petition was allowed by a judgment dated 23.02.2007 on the ground that the Petitioner cannot be denied the power supply connection due to non-payment of arrears payable by the previous owner of the property. The learned Single Judge of the High Court of Andhra Pradesh relied upon two judgments of this Court in Ahmedabad Electricity Co. Ltd. v. Gujarat Inns (P) Ltd. 
MANU/SC/0244/2004 : (2004) 3 SCC 587 and Isha Marbles v. Bihar State Electricity Board MANU/SC/0632/1995 : (1995) 2 SCC 648.
5. A Division Bench of the High Court confirmed the judgment of the Single Judge by dismissing the appeal filed by the Appellants. The Division Bench held that there was no evidence produced before the Court to show that the First Respondent had undertaken to discharge the liability of the previous consumer. It was also held that the........