Meraj Sekh v. The West Bengal State Electricity Distribution Co Ltd & ORS

04.01.2021 IN THE HIGH COURT AT CALCUTTA Sl.No.33 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 5003 of 2020 Meraj Sekh Vs.

West Bengal State Electricity Distribution Company Limited & Ors.

(Via Video Conference) Mr. Arindam Chattopadhyay, Ms. Lipika chatterjee ....for the petitioner.

Mr. Rammohan Chattopadhyay ....for WBSEDCL.

The petitioner was enjoying electricity for the purpose of operating a submersible pump for agricultural purpose. The petitioner was found to have been using electricity in an unauthorized manner.

The electricity connection of the petitioner was disconnected and the provisional assessment bill was issued to the petitioner. Thereafter, the final assessment bill has been raised on 2nd March, 2020, pursuant to a final order also dated 2nd March, 2020 in respect of Consumer ID 300737907. The final assessed sum is Rs.1,71,610/-. The said sum was required to be paid within 3rd March, 2020. The petitioner has challenged the final assessment order by filing the

instant writ petition on 12th March, 2020. The petitioner has also sought for reconnection.

So far as to the dispute regarding the final assessment order is concerned, the petitioner's remedy lies in preferring an appeal under section 127 of the Electricity Act, 2003 (hereinafter referred to as the 2003 Act.). The appeal has to be preferred within a period of 30 days from the date of the final order. In the instant case, 30 days period has expired in early April, 2020 during the pendency of the writ petition. The time limit for preferring the appeal can be extended. In view of the order passed by the Hon'ble Supreme Court of India, the limitation period in respect of any appeal stands extended with effect from 15th March, 2020 and that the time to prefer an appeal expired during the pendency of the writ petition. The time to prefer an appeal by the petitioner is extended by permitting the petitioner to prefer an appeal within 13th February, 2021.

The appellate authority, if approached, shall decide the petitioner's case as expeditiously as possible but not beyond three months from the date of being approached.

So far as the issue of reconnection is concerned, the petitioner shall have to pay 50% of Rs. 1,71,610/- to have the reconnection in respect

of Consumer ID 300737907 The payment has to be made within 31st January, 2021.

On payment of 50% of the assessed amount, the WBSEDCL, shall within 48 hours from such payment being made by the petitioner, will restore electric supply to the petitioner. In the event, the petitioner fails to prefer an appeal within the timeframe provided, it will be open to WBSEDCL, to realise the assessed sum under the bill referred hereinabove, in accordance with law. The appellate authority while computing the amount required to be paid by the petitioner under the provisions of section 127 (2) of the 2003 Act, shall take into consideration the amount that may be paid by the petitioner for obtaining reconnection.

It is made clear that the petitioner will have to pay the regular electricity bills that may be raised from time to time after the reconnection and in default, WBSEDCL, shall be at liberty to take all measures as are permissible in law against the petitioner.

Nothing remains further to be adjudicated in the writ petition and the same is accordingly disposed of without any order as to costs.

Since I have not called for any affidavits, the allegations contained in the writ petition are

deemed to have not been admitted by the respondent.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon compliance of all formalities.

(Arindam Mukherjee, J.)