Calcutta High Court (Appellete Side)
Khitish Chandra Biswas vs Cesc Limited & Ors on 15 February, 2021
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
4 IN THE HIGH COURT AT CALCUTTA
15.02.2021 CONSTITUTIONAL WRIT JURISDICTION
sb
Ct23 APPELLATE SIDE
WPA 10296 of 2020
Khitish Chandra Biswas
Vs.
CESC Limited & Ors.
Mr. Bidyut Halder,
Mr. Indranil Halder
... For the petitioner.
Mr. Om Narayan Rai
... For CESC Limited.
The petitioner seeks restoration of his
disconnected supply through meter no.6368268
under customer ID 50000389616. CESC Limited has
raised a final order of assessment dated 17th
November, 2020 and have quantified the amount of
unauthorized use of electricity to the tune of
Rs.2,29,793/-. The final order of assessment relates
to the supply of the petitioner as also that of
petitioner's son Sisir Kanti Biswas. The consumer ID
and meter no. of Sisir Kanti Biswas, as appears
from the said final order, are respectively
50219029012 and 5992698.
On behalf of CESC Limited, it was
submitted on a previous occasion that the two meters
as aforesaid have been disconnected from the feeder
box and, as such, restoration of the petitioner's line
will amount to restoration of the line of Sisir Kanti
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Biswas. The matter was adjourned in order to enable
the advocate for the CESC Limited to take instruction
as to whether supply of the petitioner can be restored
keeping the line of Sisir Kanti Biswas disconnected. It
is submitted on behalf of CESC Limited that the
same is technically permissible.
In the facts and circumstances as
aforesaid, subject to the petitioner paying 50% of
Rs.2,29,793/- and Rs.421 on account of MCB and
Rs.30 for reconnection charges, the petitioner's line
shall be restored. The restoration shall take place
within 48 hours from the petitioner's paying the
entire money in terms of this order. It is made clear
that the line of Sisir Kanti Biswas shall not be
reinstated in terms of this order, as the said Sisir
Kanti Biswas, has not approached this Court.
However, it shall be open to Sisir Kanti Biswas to
take such steps as may be advised, as permissible in
law.
The petitioner is also permitted to prefer an
appeal against the final order of assessment dated
17th November, 2020 within 2nd March, 2021 under
the provisions of section 127(2) of the Electricity Act,
2003 (in short, the said Act) in as much as the writ
petition was filed on 7th December, 2020 i.e. prior to
expiry of 30 days from the date of passing of the final
order. The Appellate Authority shall take into account
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the amount paid by the petitioner for restoration of
supply at the time of calculating the money under the
provisions of section 127(2) of the said Act for the
purpose of entertaining the appeal.
Nothing further remains to be adjudicated
in the writ petition and the same is accordingly
disposed of without any order as to costs.
Since I have not called for any affidavits,
the allegations contained in the writ petition are
deemed to have not been admitted by the
respondents.
Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon compliance of the necessary formalities.
(Arindam Mukherjee, J.)