Safik Mondal v. Wbsedcl And ORS.

D/L. 37.

October 16, 2023.

MNS.

WPA No. 19942 of 2023 Safik Mondal Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Biswajit Dey, Ms. Mallika Manna ... for the petitioner.

Mr. Sujit Sankar Koley ...for the WBSEDCL.

1. Affidavit-of-service filed in Court today be kept on record.

2. Learned counsel for the petitioner challenges an adjudication by the concerned Grievance Redressal Officer (GRO).

3. Several questions are raised by the petitioner, which are controverted by learned counsel for the West Bengal State Electricity Distribution Company Limited (WBSEDCL).

4. However, during pendency of the writ petition, the electricity connection of the petitioner has been severed. A supplementary affidavit disclosing such fact is filed today, which is kept on record.

5. Since the Ombudsman is the appropriate authority to decide the issues between the parties, it would not be appropriate for this Court to usurp the jurisdiction of the said authority.

6. However, keeping in view that the petitioner is a cultivator and would suffer during the impending Rabi crop season, the petitioner is granted liberty to deposit 50% of the due amount along with requisite reconnection charges with the WBSEDCL within three weeks from date. If such amount is deposited within three weeks, the WBSEDCL shall restore the electricity connection of the petitioner on an ad hoc basis within 48 hours thereafter. However, such restoration of the electricity shall be subject to the ultimate adjudication by the Ombudsman and payment of current electricity charges by the petitioner.

7. WPA No. 19942 of 2023 is disposed of in the light of the above observations with liberty to the petitioner to prefer a challenge against the order of the GRO within a week from date. If filed within such time, it will be deemed that the said challenge has been preferred within the statutory limitation period.

8. There will be no order as to costs.

9. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.)