Calcutta High Court (Appellete Side)
Talat Sahmid vs West Bengal State Electricity ... on 26 February, 2015
Author: Patherya
Bench: Patherya
1
26.02.2015
(PP)
W. P. No.18970 (W) of 2014
Talat Sahmid
Vs.
West Bengal State Electricity Distribution
Company Ltd. & Ors.
Mr. Kamalesh Jha,
Mr. Syed Mausum Ali,
Mr. Tauhid Khan
....for the petitioner.
Mr. R. M. Chattopadhyay
....for WBSEDCL.
By this writ petition, the petitioner seeks restoration of
electric supply so also replacement of the burnt meter by a new
meter and cancellation of letter dated 18th June, 2014. Such
prayer cannot be granted as by the said letter, the distribution
company sought to lodge an FIR under section 135 of the 2003
Act. A provisional bill was issued to the petitioner dated 11th July,
2014 wherein it was mentioned that the meter seems to be
defective. In June, 2014, i.e., prior thereto a provisional order of
assessment was passed for Rs.1,20,696/-. The petitioner was
required to file an objection. No such objection has been filed and
counsel for the distribution company is in no position to submit
whether any final order of assessment has been passed or not.
2
Accordingly, let 50% of the provisionally assessed sums so
also bill dated 11th July, 2014 be paid by the petitioner within a
fortnight from the date of receipt of this order and on receipt of
such sums, the respondent no.3 is directed to reconnect supply to
the petitioner premise upon payment of meter replacement cost and reconnection charges.
The distribution company has seized the meter, let the said be sent for testing. Such order is passed only in view of the remark made in the bill dated 11th July, 2014 of the distribution company that the meter seems defective.
To enable counsel for the distribution company to inform the Court whether any final order of assessment has been passed or not, matter to appear as "To Be Mentioned" one week hence.
Instruction filed by the distribution company be kept on record.
Certified copy of this order, if applied for, be given to the parties on priority basis.
(Patherya, J.)