Calcutta High Court (Appellete Side)
Murarilal Agarwal vs Cesc Limited & Ors on 7 January, 2021
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
3 IN THE HIGH COURT AT CALCUTTA 07.01.2021
CONSTITUTIONAL WRIT JURISDICTION sb Ct23 APPELLATE SIDE WPA 23927 of 2019 Murarilal Agarwal Vs. CESC Limited & Ors.
Mr. Indranil Halder, led by Mr. Bidyut Halder ... For the petitioner.
Dr. Madhusudan Saha Roy ... For C.E.S.C. Ltd.
The petitioner has applied for a new low- tension domestic electricity connection at premises no.98/4, Dr. Suresh Chandra Banerjee Road, Kolkata - 700 010 (hereinafter referred to as the said premises).
By a letter dated 7th November, 2019, the C.E.S.C. Limited, the licensee has declined such prayer, inter alia, on the ground as follows:-
"As the finding from a site inspection indicates that our service already exists in the premises, we regret our inability to accede to your request to install a separate service in the portion of the premises under your occupation".
The petitioner being aggrieved by such communication has filed the instant writ petition. 2 On behalf of CESC Limited it is further submitted that at the said premises one connection exists in the name of Seema P G having consumer no.28013095008, a sum of Rs.11,67,990/- is allegedly due and payable from the said Seema P G. It is also the contention of CESC Limited, that the petitioner along with his family members are the owner of the said disconnected consumer, Seema P.G. Unless the arrears of the said Seema P G is paid no new connection to the petitioner can be given. Clause 13.9 of Regulation 46, published by West Bengal Electricity Regulatory Commission on 31st May, 2010 (hereinafter referred to as said Regulation), is relied upon by CESC Limited in support of its contention that the petitioner's application can be proceeded with only if the arrears are cleared. Clause 13.9 of the said Regulation is set out hereinbelow:-
"13.9. For getting new connection for supply of electricity from a licensee an intending consumer shall be required to pay all outstanding dues to the licensee in respect of any other service connection held in his/her name located in the area of supply of the same licensee and he/she shall also be responsible for payment of outstanding charges calculated in a prorated manner, if it is established that he/she has had a nexus with the previous consumer(s) including the purchaser/the 3 new lessee/the new tenant of a property or a portion thereof in respect of which there are outstanding charges and/or who has/had benefited from non-payment of the aforesaid outstanding dues by the previous consumer(s) to the licensee".
CESC Limited has also relied upon two judgments one dated 7th March, 2010, passed in MAT 178 of 2010 with CAN 1034 of 2010 and another judgment reported in AIR 2012, Cal.19 (M/s. M. K. & Sons vs. CESC Limited), on the proposition that there is statutory sanction in favour of the CESC Limited, the licensee, for not granting an electricity connection unless the petitioner clears the arrears.
Advocate for CESC Limited has relied upon a letter dated 2nd January, 2020, said to have been issued to the petitioner informing about the arrears of Seema P.G. in support of the contention that petitioner was enjoying electricity through the meter in the name of Seema P G. The petitioner, therefor, has a nexus with the disconnected meter wherein arrears are there. Let a copy of the said letter be taken on record.
It is also the case of CESC Limited that despite receipt of the said letter dated 2nd January, 2020, the petitioner has neither replied to the same nor have included such letter in the writ petition. 4
Advocate for the petitioner submits that he needs some time to take instruction in respect of the letter dated 2nd January, 2020, relied upon by CESC Limited.
Considering the fact that the matter has been substantially heard, let this matter appear on 13th January, 2021 for further consideration.
(Arindam Mukherjee, J.)