Calcutta High Court
Kawsar Ali Alias Kawsar Sk. vs State Of West Bengal And Ors. on 5 August, 2005
Equivalent citations: AIR2006CAL65, (2005)3CALLT495(HC), 2006(3)CHN488, AIR 2006 CALCUTTA 65, 2006 (2) AJHAR (NOC) 400 (CAL) 2006 AIHC NOC 36, 2006 AIHC NOC 36, 2006 AIHC NOC 36 2006 (2) AJHAR (NOC) 400 (CAL), 2006 (2) AJHAR (NOC) 400 (CAL)
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
JUDGMENT Jayanta Kumar Biswas, J.
1. The petitioner is aggrieved by the order of final assessment (described as final assessment bill) dated June 06, 2005 (annexure P/2) made by the Station Manager in the capacity of Assessing Officer within the meaning of Section 126 of the Electricity Act, 2003.
2. It has been specifically stated in para 14 of the writ petition that without making any order of provisional assessment, though it was a mandatory statutory duty of the Assessing Officer to make such order, the Assessing Officer made the most arbitrary order of final assessment.
3. The order of final assessment (the relevant portions) reads as follows :
Your premises bearing at village Haribati having service connection No. IND/149, Consumer No. 155063 was inspected by the Assistant Engineer, S&LP, Murshidabad Dist. Circle, along with Station Manager, Panchthupier. St. and other staff of WBSEB on 28.05.2005 at about 5.20 A.M. During inspection it was found that you were consumed electricity for running your motor by means of directly hooking from boards line.
The above facts indicate that you are guilty of theft or pilferage of energy. The amount payable by you to the board under relevant provision of IE Act, 2003 has been assessed as Rs. 2,20,126.00.
You are requested to pay the above amount in full i.e. Rs. 2.20,126.00 along with Rs. 100.00 being the disconnection and reconnection charge before effecting reconnection.
This is for your kind information and further necessary action please,
4. On the instructions, advocate for WBSEB submits that by mistake Assessing Officer described the order as final assessment bill, when in fact, it was an order of provisional assessment. He says that the Assessing Officer shall make the order of provisional assessment and take further steps in terms of provisions of Section 126 of the Electricity Act, 2003
5. I must say that this is a classic instance of gross abuse of the statutory duty of a quasi-judicial authority. The gentleman who made the order, I am sorry to say, does not have the elementary knowledge for discharging a statutory duty in the capacity of a quasi-judicial authority.
6. He, I am afraid, even never looked into the provisions of Section 126 of the Electricity Act, 2003. From where he imported the expression 'final assessment bill' is known only to him. He demonstrated patent arbitrariness by imposing a hefty liability at Rs. 2,20,126.00 without even caring to indicate how he determined the amount. The order has no foundation at all.
7. 1 would not have said so many things, had it been a case of mere mis-description of the order made by the Assessing Officer. The order shows apparent disrespect and disregard to the statutory provisions contained in Section 126 of the Electricity Act, 2003. I think, such kind of arbitrary exercise of statutory powers by Assessing Officer should be stopped at once by deterrent measure.
8. In view of the facts and circumstances stated hereinbefore (there is absolutely) nothing on facts to be adjudicated and decided on affidavits), I give the final decision in the writ petition at the admission stage. I hold that the impugned order is liable to be set aside. I put it on record that admittedly the Assessing Officer did not make any of provisions assessment.
9. For these reasons I set aside the impugned order of final assessment dated June 06, 2005 and allow the writ petition to that extent.
10. I direct the Assessing Officer to make the requisite order of provisional assessment within two working days from the date of receipt of a copy of this order by him.
11. At the time of making the order the Assessing Officer shall keep in mind the provisions of Section 126 of the Electricity Act, 2003 and of para 6.02 of West Bengal Electricity Regulatory Commission (Electricity Supply Code), 2004.
12. The Assessing Officer shall clearly indicate the amount on payment whereof the petitioner would be entitled to seek restoration of supply as user of the premises in question. Necessary details determining the amount provisionally shall be incorporated in the order to be made.
13. The order so made shall be served on the petitioner (admittedly he is the user of the premises, though not the consumer) and also on the other persons, if necessary, without any delay, so that the petitioner and other persons can exercise their statutory rights available under Section 126(4) of the Electricity Act, 2003 and also under para 6.02 of the 2004 Supply Code.
14. Though I am inclined to make an order for costs, in favour of the petitioner, advocate for the petitioner has said that he would not take costs, with the expectation that the authorities would rectify themselves and that they shall not harass the consumers and other persons by driving them to Court of law for absolutely no reason. I appreciate the gesture shown by advocate for the petitioner. Hence I order that there shall be no order for costs in the writ petition.
15. Xerox copy of this order duly countersigned by the Assistant Registrar (Court) shall be supplied to the advocate for the parties on the usual undertaking.
Urgent certified xerox copy of this order shall be supplied to the parties, if applied for.