Biswajit Jana v. West Bengal State Electricity Distribution Company Limited And ORS.

09.09.2024 Sl. No.91(ML) srm W.P.A. No. 14267 of 2024 Biswajit Jana

Versus

The West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Kaustav Chandra Das, Sk. Sahjahan Ali ...for the Petitioner.

Mr. Srijan Nayak, Mrs. Rituparna Maitra ...for the WBSEDCL.

Affidavit-of-service is taken on record.

The writ petition has been filed challenging disconnection of electricity. Theft was detected. The final assessment was made. The petitioner preferred an appeal upon depositing 50% of the finally assessed amount. Thereafter, the petitioner moved the High Court. A learned coordinate Bench directed the petitioner to pay an additional amount of Rs.20,000/- for reconnection.

Supply was reconnected. The petitioner's appeal was dismissed. The distribution company asked the petitioner to pay the finally assessed amount. The petitioner failed to pay the remaining amount. Disconnection was effected once again.

This disconnection has been challenged before this Court on various grounds. This Court finds that the appeal has been dismissed on merits and the contentions of the petitioner has not been accepted by the appellate authority. The petitioner has not been able to show anything illegal or irregular in the procedure followed. The criminal case is pending. Under such circumstances, reconnection can be granted to the petitioner, provided the petitioner pays the remaining amount of final assessment in six equal monthly instalments. Accordingly, the distribution company shall issue a letter to the petitioner within seven days, with a breakup of the amount over six instalments and the dates of payment of each instalment. On payment of the third instalment and the reconnection charges, the supply shall be restored. The regular bills will also be paid.

If the petitioner fails to pay the regular bills and any of the remaining instalments, supply shall be disconnected once again.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)