Calcutta High Court (Appellete Side)
Ajmal Hoque vs The State Of West Bengal & Ors on 3 June, 2014
Author: Aniruddha Bose
Bench: Aniruddha Bose
1 75 W.P. No. 10374(W) of 2014 03.06.2014
KC Ajmal Hoque Vs. The State of West Bengal & Ors.
Md. Salauddin, Mr. Zamiul Alam.
... for the petitioner.
Ms. Bandana Basu.
... for the WBSEDCL.
The complaint of the petitioner in this proceeding is that no step is being taken for effecting permanent supply of electricity in respect of his application for the same. The said application was made on 16th February, 2012 for the purpose of energising a submersible pump.
Having regard to the nature and scope of the writ petition, I do not find any reason to keep the matter pending as in this matter, the application of the petitioner is pending for quite sometime and supply of electricity is yet to be effected. Under the provisions of Section 43 of the Electricity Act, 2003 upon an application being filed by the owner/occupier of the premises, supply is required to be effected within one month after receipt of application for supply.
In these circumstances, I dispose of the writ petition with the following direction.
Let quotation be issued to the petitioner within a period of five weeks from the date of communication of this order, if the application of the petitioner is in order. Along with the quotation, an estimated timeframe should be given in writing informing the petitioner the time it would take for effecting supply after deposit of the quoted amount and compliance of other formalities. After such quotation is raised and the 2 information referred to above is communicated to the petitioner, future course would be dependent upon deposit of the quoted amount, and compliance of other requisite formalities. If there is any defect or deficiency in the application, or the petitioner suffers from any disability or disqualification which would disentitle him in obtaining connection, the said fact along with the nature of the defect shall be communicated to the petitioner in writing within a period of two weeks from the date of communication of this order. If for any other compelling reason the distribution company is not able to effect supply or raise quotation, the reason for the same shall be disclosed in writing within a period of three weeks from the date of communication of this order, so that the petitioner can take appropriate steps.
There shall, however, be no order as to costs. Urgent photostat certified copy of this order be given to the parties expeditiously, if applied for.
(Aniruddha Bose, J.) 3