Calcutta High Court (Appellete Side)
Abdul Hamid & Anr vs West Bengal State Electricity ... on 15 February, 2017
Author: Harish Tandon
Bench: Harish Tandon
1 15.02.2017
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36AGM W.P. 3052 (W) of 2017 Abdul Hamid & Anr Vs. West Bengal State Electricity Distribution Company Limited & Ors Mr. Ankit Agarwala, Ms. Alotriya Mukherjee, ... for the petitioners.
Mr. Srijan Nayek, ... for the W.B.S.E.D.C.L. A point has been raised whether the late payment surcharges can be demanded for the first time after a gap of three years and immediately upon restoration of electricity on payment of the arrears electricity charges and whether the same can be a ground for disconnection of supply because of the non-payment thereof.
In other words, this Court feels that interpretation of Section 56 of the Electricity Act, 2003 has a relevance in this regard. The aforesaid point assumes significance as the late payment surcharge was never shown as outstanding or included in the amount demanded every month on raising the bill and, therefore, there is no continuity to such demand.
This Court requested Mr. Samit Panja, a practicing lawyer of this Court to assist the Court in determining the point as indicated 2 hereinabove. Mr. Panja is appointed as amicus curiae to assist and advise the Court on the above issue.
The petitioners say that the harvesting period has come and unless the electricity is restored, the petitioners would not be in a position to cultivate.
Since a prima facie case has been made out, this Court feels that interim order is required to be passed in the matter.
The Distribution Company is directed to restore the supply of electricity to the petitioners within 48 hours from date. The reconnection shall be subject to the result of the writ petition as well as the regular payment of energy charges by the petitioners as and when the bill is raised therefor.
Both the learned advocates representing the petitioners as well as the Distribution Company are directed to hand over all the relevant papers to Mr. Panja by tomorrow.
It goes without saying that both the learned advocates shall assist and help Mr. Panja in discharging his obligation entrusted upon him in this order.
On the prayer of Mr. Panja, let this matter appear on 2nd March 2017.
(Harish Tandon, J.)