Badal Roy v. The Chairman, West Bengal State Electricity Distribution Company Ltd And ORS

02.04.2024 sayandeep Sl. No. 24 Ct. No. 09 WPA 5586 of 2024 Badal Roy -VersusThe Chairman, West Bengal State Electricity Distribution Company Limited and others Mr. Bapin Baidya, Ms. Juin Dutta Chakraborty, Mr. Bidan Modak ...... for the petitioner Mr. Sujit Sankar Koley ..... for the WBSEDCL 1.

The petitioner challenges the disconnection of the electricity connection of the petitioner for nonpayment of a bill which is challenged by the petitioner. The brief facts of the case according to the petitioner are that previously, challenging a different bill, a civil suit had been filed. In the suit, an injunction order had been passed restraining disconnection. It is alleged that despite the same, the electricity supply of the petitioner was disconnected during pendency of the suit.

2.

The petitioner submits that subsequently the suit of the petitioner was dismissed on contest on merits. However, during the pendency of the suit itself, a second bill had been raised, which according to the petitioner was also inflated. The

petitioner seeks to deposit some amount for getting restoration of the electricity connection.

3.

Heard learned counsel.

4.

The petitioner has raised a challenge to the disconnection which was effected by the WBSEDCL for non-payment of bills raised by WBSEDCL.

5.

Admittedly, the petitioner had challenged the previous bill in the suit which was dismissed, thereby vindicating the amount claimed by the WBSEDCL.

6.

Even the second bill, according to the petitioner himself, was raised during pendency of the suit. As such, the petitioner could well have assailed the same as well in the then pending suit. That apart, the petitioner could also have challenged the bill before the appropriate authority, that is, the Grievance Redressal Officer concerned, which has not been done by the petitioner at any point of time. In the absence of any challenge, the WBSEDCL was fully justified in disconnecting the supply of the petitioner for non-payment of the bills. Thus, there is no scope of granting any relief to the petitioner.

7.

WPA 5586 of 2024 is, accordingly, dismissed on contest without any order as to costs.

8.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)