Saha Alam Saha v. The Assistant Engineer And Station Manager

24.12.2021.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 17983 of 2021 Saha Alam Saha -vs.- Assistant Engineer and Station Manager, WBSEDCL & Ors.

Mr. Prasanta Kumar Pakrashi ...for the petitioner Mr. Kanak Kiran Bandyopadhyay ... for the WBSEDCL Liberty is granted to the learned Advocate for the petitioner to effect adequate corrections in the cause title of the writ petition to the effect that the writ petition number be mentioned as W.P.A. No. 17983 of 2021 instead of W.P.A. No. 17983 of 2020. Such amendment shall be carried out during the course of the day. Learned counsel for the petitioner contends that, despite having paid all dues pursuant to a provisional assessment raised by the Distribution Company, the Distribution Company has not reconnected electric supply to the petitioner's meter. Learned counsel appearing for the Distribution Company, on instruction, submits that originally the petitioner had committed pilferage, upon which a provisional assessment was made.

However,

subsequently, another incident of pilferage took place in respect of the petitioner's meter and a fresh assessment was raised by the Distribution Company in that regard, which has culminated in a final assessment. Since the petitioner has not paid the dues on the basis of such final assessment as yet, the Distribution Company could not give the reconnection as per the petitioner's request. Learned counsel appearing for the petitioner, in his usual fairness, submits that the petitioner shall make payments in terms of the final assessment and that the Distribution Company may give reconnection subject to that.

In such view of the matter, W.P.A. No. 17983 of 2021 is disposed of by directing the petitioner to deposit all arrear dues in respect of the meter-in-question as per the last final assessment raised by the Distribution Company.

In the event such payment is made within a month from date, along with other necessary charges including reconnection charges, the Distribution Company shall restore the electric supply to the petitioner's meter, of course, subject to compliance of all formalities, within one week from the compliance of all formalities by the petitioner.

There will be no order as to costs.

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

(Sabyasachi Bhattacharyya, J.)