Faiz Ahmed Khan vs C.E.S.C. And Others

Moushumi Bhattacharya, J

The writ petitioner claims to be a retired person and suffering from various ailments and undergoing medical treatment. The writ petitioner is the user of an electric meter bearing no.7089042 with a specific consumer ID since 2018, which is being used exclusively for domestic consumption. The writ petitioner has challenged the disconnection of electric supply to his premises on 2nd December, 2019 and prays for restoration of electric supply to his premises.

Learned Counsel appearing for the writ petitioner submits that both the provisional as well as the final assessment (made on 2nd December, 2019 and 30th December, 2019) handed over to the petitioner on 6th January, 2020, have been made by the respondents without assigning any reasons. Counsel submits that final assessment did not take into account the submissions of the writ petitioner made in a hearing held on 14th December, 2019 as well as certain pleadings and oral arguments made by the respondents.

The amounts made both in the provisional and in the final assessment are the same. The FIR lodged by the respondents on 2nd December, 2019 mentions the amount of Rs.2,93,760/-.

Learned Counsel appearing for the respondents/CESC submits that the final amount of Rs.6,68,454/- has attained finality in the absence of the petitioner challenging the same before the appellate forum under Section 127 of the Electricity Act, 2003. It is also submitted that the writ petition suffers from palpable delay.

Having heard learned Counsel for the parties, this Court is of the view that since both the provisional assessment as well as the FIR mentions that the petitioner has used electricity in an unauthorized manner from the adjoining distribution pillar for his own use as well as for the adjoining house, the petitioner should be directed to pay a portion of the assessment which has been made by the assigning officer of CESC. It is also true that the fact of unauthorised use of electricity has been disputed by the petitioner who also claims that the final assessment has not been taken into account the factual stand of the petitioner.

Admittedly, the petitioner is a retired person and lives in the premises with his family. In the extraordinary period of time which all of us have been subjected to, electricity can be treated as an essential service which no citizen should be deprived of, particularly, when recourse against any kind of such action or deprivation is extremely difficult to take at this point of time including approaching a court of law.

Taking these circumstances into account, this Court is of the view that justice would be subserved if the concerned person of respondent no.1 is directed to reconnect and/or restore the electric supply to the premises of the petitioner as described in the writ petition within a period of 24 hours from the date of this order or upon the petitioner making a payment of Rs.2,93,760/- being the amount mentioned in the FIR lodged on 2nd December, 2019.

The respondents/CESC are directed to arrange collecting this amount from the petitioner since presently there is a lockdown in Calcutta and it would be difficult for the petitioner to travel to the office of the respondents/CESC to make the necessary payment. This order is being made without prejudice to the rights and contentions of the parties and an interim measure until the question with regard to the correctness of the assessment is decided upon the writ petition being finally heard out on the first available date in the third week of May, 2020. It is made clear that the respondents/CESC will restore the electric supply to the petitioner as directed and without any delay upon payment being made to the respondents. The petitioner is given liberty to inform the respondents as soon as the petitioner is ready to make the payment. The supply will be restored as soon as such payment is made.

The application being CAN 3029 of 2020 is disposed of.

List the writ petition being W.P.5360 (W) of 2020 on the available day of the 3rd week of May, 2020.