Saleha Begum v. State Of West Bengal And ORS.

25.06.2024 Sl. No.2(DL) srm W.P.A. No. 18496 of 2023 Saleha Begum

Versus

The State of West Bengal & Ors.

Mr. D.N. Chatterjee, Mr. P.K. Biswas, Mr. P. C. Podder, Mr. S. Mondal ...for the Petitioner.

Mr. Asif Dewan ...for the WBSEDCL.

Mr. Pritam Chowdhury, Mrs. Reshma Chatterjee ...for the State-respondents.

1. Affidavit-of-service is taken on record.

2. The petitioner seeks new connection to his submersible pump. An application was filed before the Ketugram Customer Care Centre, Purba Bardhaman.

3. A quotation was raised upon inspection and the petitioner deposited the amount. Thereafter, the authorities failed to charge the STW pump of the petitioner was not granted.

4. Hence, the writ petition has been filed.

5. Mr. Dewan, learned Advocate for the West Bengal State Electricity Distribution Company Limited has submitted certain documents, which show that the petitioner has an existing connection and there are outstanding dues of more than Rs.1,00,000/- in respect of such connection. Relying on clause 13.9 of the Notification No.46/WBERC dated March 31, 2010, the distribution company contends that for getting new connection for supply of electricity, the intending customer is required to pay all outstanding dues to the licensing authority in respect of any other service connection held in his or her name, located in the area of supply of the same licensee.

6. In view of the outstanding dues with regard to the other connection bearing customer ID No.502284310 amounting to Rs.1,06,371/- the connection was not granted to the petitioner.

7. The petitioner has also filed another writ petition bearing WPA 18533 of 2024, raising a billing dispute which has been disposed of this Court allowing the petitioner to approach the appropriate authority as per law, for getting the billing dispute adjudicated.

8. Under such circumstances, the application for new connection in respect of the submersible pump, which is

the subject matter of the present writ petition, shall remain in abeyance till the billing dispute is settled. Thereafter, the authorities shall proceed in accordance with law on the basis of the application and the quotation money, already deposited by the petitioner, subject to the outcome of the billing dispute. If the petitioner pays the outstanding amount in case the petitioner's challenge fails, the authority shall take steps, upon the petitioner complying with all necessary formalities. In case the petitioner succeeds in the challenge, immediate supply shall be granted upon necessary compliance.

9. The writ petition is, thus, disposed of.

10. There shall be no order as to costs.

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

(Shampa Sarkar, J.)