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Judgment
The petitioner appears in person.
The only issue raised in this writ petition is to install new electrical supply at the subject premises. Unfortunately, in the said application the petitioner
also seeks as follows:-
(c) A Writ in the nature of Mandamus doissue commanding the respondents not to claim any arrear alleged bill in respect of the premises in question.
(d) A Declaration that the demand ofalleged outstanding in respect of the said premises by the CESC authority is incorrect void and bad in law.
From a reading of the said reliefs undoubtedly it appears that some arrear is outstanding in view of Regulation 3.4.2 of the West Bengal Electricity
Regulatory Commission (Electricity Supply Code) 2013, relevance whereof is set out hereinbelow :-
3.4.2 The licensee shall be eligible to recover from a new and subsequent consumer(s) the dues of the previous and defaulting consumers in respect of
the same premises only if a nexus between the previous and defaulting consumer(s) and the new consumer(s) in respect of the same premises is
proved. The onus of proving a nexus, if claimed by a licensee, shall lie on the licensee.
From a perusal of the affidavit-in-opposition affirmed by Bimal Mondal it appears that a sum of Rs. 4, 24,000/- is outstanding in the name of Raisa
Akbar, who is the owner of the said premises and none else but the promoter or developer. In fact in paragraph 9, the petitioner has admitted as
follows.
That your Petitioner immediately contacted the Commercial Department to ascertain whether any dues are lying recoverable against your
Petitioner. But your Petitioner was told by the said Department that an amount of Rs. 4,24,000/- is lying due against a person who has no existence
and your Petitioner was asked to pay a proportionate due if she desires to obtain electricity in her own name for the said premises.
Therefore, this application merits no order and is accordingly dismissed.
Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.