Dulal Saha v. State Of West Bengal And ORS.

July 15, 2024 Sl. No.136 Court No.9 s.biswas WPA 14556 of 2024 Dulal Saha vs.

The State of West Bengal and others Mr. Ranjan Kali Ms. Payel Nath ... for the petitioner Mr. S. S. Koley ... for the WBSEDCL Mr. Debashis Banerjee Mr. Rakesh Jana ... for the respondent no.7

1. The petitioner is the son of the respondent No.7. The West Bengal State Electricity Distribution Company Limited had disconnected the supply, when the outstanding dues were not paid.

2. It is submitted that the connection has been restored. It now appears that there is a dispute. The petitioner, who is the son of an octogenarian, resides in the same premises as his mother, but in a separate mess.

He complains of disconnection by his mother.

3. Electricity supply was being enjoyed by both the mother and the son from the same meter. A suit is also pending between the parties. The regulations provide that the West Bengal Electricity Distribution Company will be responsible for supply of electricity up to the meter board position. From the main switch till the meter, the installations and wiring are at the disposal of the consumer. Whether the mother

intentionally disconnected the supply of son or not, is a matter of evidence which cannot be gone into by the writ court. The WBSEDCL has already reconnected the supply. Thus, the remedy of the petitioner is before the civil court where a suit is already pending. If any application is filed, the same shall be decided in accordance with law.

4. Accordingly, the writ petition stands disposed of.

5. All the parties are directed to act on the basis of the server copy of the order.

(Shampa Sarkar, J.)