Calcutta High Court
Smt. Maya Rani Dutta vs Cesc Limited & Others on 8 May, 2009
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
WP No. 396 of 2009
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SMT. MAYA RANI DUTTA
Versus
CESC LIMITED & OTHERS
For the Petitioner : Mr. Raja Basu Chowdhuri, Adv.
For the Respondent : Mr. Subir Sanyal, Adv.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th May, 2009.
The Court : The petitioner challenges an order passed by the Appellate Authority under Section 127 of the Electricity Act, 2003 on the ground that the final assessment order was made by an officer who was not part of the inspection team. The petitioner says that since the original order was without jurisdiction, the appellate order upholding such order cannot be said to be in order.
The petitioner relies on a Division Bench Judgment reported at 2008 (1) CHN 459 ( Narayan Chandra Kundu Vs. State of West Bengal and Ors.) . It is submitted on behalf of the licensee that the Division Bench Judgment does not provide that upon the Assessing Officer not being part of the inspection team, he would not have any authority to make the final assessment.
The matter needs to be considered. In any event, there are certain other disputes on facts and affidavits are called for.
Affidavit-in-opposition be filed within four weeks from date; reply thereto, if any, be filed within two weeks thereafter and the matter will 2 appear before the appropriate Bench for final hearing in the monthly list of July, 2009.
The petitioner has paid 50% of the final assessment bill of Rs.18,715/-. Subject to the petitioner paying the remaining amount, the licensee will not disconnect the supply without previous leave of Court.
It is made clear that in the event the writ petition succeeds on such point, the licensee will be liable to refund the payment made by the petitioner pursuant to the final assessment order together with interest thereon @6% p.a. from the date of receipt thereof till the date of refund.
Since the parties agree that WP no.33 of 2009 involves a similar issue let such matter also appear along with this matter for hearing before the appropriate Bench in the monthly list of July 2009.
Urgent certified photostat copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) Kc.
A.R.(C.R.)