Azida Bibi v. The Chairman, W.B.S.E.D.Co. Ltd. & ORS

15.12.2021 TN WPA No.23728 of 2019 Azida Bibi Vs.

The Chairman, West Bengal State Electricity Distribution Company Limited and others Mr. Sailendranath Chakraborty .... for the petitioner Mr. Sumit Ray .... for the WBSEDCL Pursuant to the previous direction, it is informed by learned counsel for the Distribution Company that the present dues of the said company from the petitioner in lieu of arrears of electricity charges comes to around Rs.1,89,724/-, after giving due credit to the amount of Rs.55,445/- already paid by the petitioner in that regard.

It is submitted by learned counsel for the petitioner that the petitioner is a cultivator and of meagre financial means. Since the 'Boro' season is going on, the petitioner is being severely affected in view of the inability of the petitioner to cultivate due to

absence of the electric connection to the petitioner's submersible pump.

Upon hearing learned counsel for both the parties, it appears that the petitioner does not challenge the quantum of the balance dues. The only prayer of the petitioner is to get some installments for the payment of the due amount.

Keeping in view the fact that the petitioner is a cultivator by profession and the petitioner's very livelihood will be seriously affected due to the financial constraints if the electric connection to the petitioner's submersible pump is not restored during current paddy season, WPA No.23728 of 2019 is disposed of by directing the petitioner to pay the amount of Rs.1,89,724/- by six equal monthly installments. The first of such installments shall be paid within December 31, 2021. The second installment onwards shall be paid by the 15th day of every calendar month. The remaining excess balance, if any, upon dividing the aforesaid quantum in six equal parts, shall be cleared by the last installment.

In the event the petitioner deposits the first of such installments by December 31, 2021, the Distribution Company shall restore the electric connection to the submersible pump of the petitioner.

Thereafter, in the event of default of the petitioner in making payments of the installments even on a single instance, the Distribution Company will be at liberty to disconnect such supply again without further reference to court.

It is further clarified that the reconnection shall be only upon due compliance of all other formalities by the petitioner and shall be without prejudice to the rights and contentions of the parties in respect of the dues.

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 with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)