Sabyasachi Poyra v. The State Of West Bengal And ORS

18.11.2020 Sl. No.09 List - D/L Suman/ Mithun Ct.No.27

IN THE HIGH COURT AT CALCUTTA

IN THE CIRCUIT BENCH AT JALPAIGURI

CONSTITUTIONAL WRIT JURISDICTION.

WPA/7469/2020 (Via Video Conference) Mr.Sabyasachi Poyra Vs.

The State of West Bengal & Ors.

Mr. Arijit Ghosh, Adv.

...for the petitioner.

The petitioner undertakes to appropriately stamp the petition as per the Rules within one month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

Grievance of the petitioner is that the respondent authority, i.e. the West Bengal State Electricity Distribution Company Limited issued a notice dated 5th September, 2020 for disconnection of the electric meter of the petitioner under Section 56(1) of the Electricity Act for non-payment of electricity bill of Rs.85,206/-. It is alleged by the petitioner that the petitioner received electricity bills till 2017 as per the units

consumed by him and the said bills were paid by the petitioner. Subsequently, since 2018 he started receiving bills at exorbitantly higher amount without consuming more electricity than previously consumed. The petitioner made several representations in the year 2018 for rectification of bills and change of electric meter to the Authority but the respondent Authority did not take any step. Subsequently, an imaginary amount of Rs.85,206/- were claimed from the petitioner and as the petitioner failed to pay such amount, the electric meter of the petitioner was disconnected.

Having heard the learned Advocate for the petitioner I am of the view that the instant writ petition can be disposed of here and now directing the respondents, specially respondent Nos.4 & 5 to dispose of the representations filed by the petitioner with regard to exorbitant charge of electric consumption and defective meter within one month from the date of communication of the order positively.

It is made clear that this Court has not gone into the merit of the case of the petitioner and the entire matter is left open upon the respondent to consider the representations of the petitioner according to law giving the petitioner an opportunity of being heard within the stipulated period of time.

The instant writ petition is, thus, disposed of.

The final decision of the respondent be communicated to the petitioner.

(Bibek Chaudhuri, J)