Barun Kumar Bala v. West Bengal State Electricity Distribution Company

10.03.2021 rc/ct.no.10 Item No.07 WPA No. 4453 of 2021 Mr. Anujit Mukherjee Mr. Shakti Chakrabroty Mr. Monotosh Ghosh ...for the petitioner Mrs. Suvasree Ghose ....for the WBSEDCL The grievance of the petitioner is directed towards the illegal and unlawful disconnection of the electricity connection being enjoyed by the petitioner. Significantly, the petitioner has been enjoying electricity under a separate meter having Consumer ID No. 154157250. It is submitted by the Advocate appearing on behalf of the petitioner that there are disputes and differences between the petitioner and his brother and the respondent authorities have to disconnected the electricity connection because of the non-payment of another electric meter bearing Consumer ID No. 154089435 in the name of Smt. Kusum Rani Bala. It is also submitted by the petitioner that the petitioner has been enjoying a separate electric connection since 2003 and has nothing to do with the electricity connection in the name of the respondent no. 5. The respondents are represented.

It is submitted on behalf of the respondent that the petitioner is a co-beneficiary and since the electric connection being enjoyed by the petitioner is situated at the premises of the respondent no. 5 the respondents are

entitled to disconnect the electric connection of the petitioner because of non-payment of bills in the name of Smt. Kusum Rani Bala having Consumer ID No.

154089435.

I have heard the parties and I have also perused the Inspection Report relied upon by the respondent authorities dated March 02, 2021. After having considered the same, I am of the view that there is no merit in the objection raised by the respondent authorities. The fact that the petitioner is a co-beneficiary in respect of the connection of his deceased mother cannot be any ground to disconnect the electric connection bearing Consumer ID No. 154157250. There is no other ground relied on by the respondent authorities in disconnecting the electricity connection of the petitioner. It is also apparent that there are disputes between the petitioner and his brother being the respondent no. 5 herein.

In view of the aforesaid, I allow this writ petition. The respondent authorities are directed to forthwith restore the electricity connection in the separate electricity meter bearing Consumer ID No. 154157250 being enjoyed by the petitioner. It is needless to mention that the petitioner will continue to be liable and will pay all expenses in respect of Consumer ID No. 154157250. The aforesaid exercise to be completed by the respondent authorities within a period of two weeks from date. Liberty is granted to the respondent authorities to take all steps for recovery of their dues in respect of

Consumer ID No. 154089435 in the name of Smt. Kusum Rani Bala against the appropriate individuals. With the aforesaid directions, the writ petition being WPA No. 4453 of 2021 stands allowed.

There shall, however, be no order as to costs. (Ravi Krishan Kapur,J)