Jayanta Kumar Biswas, J.@mdashThe Petitioner in this Article 226 petition dated August 3, 2010 is seeking the following principal reliefs:
a) A writ of and/or order and/or mandamus do issue:
(i)` directing the Respondents to allow the Petitioner to deposit Rs. 25,000/-, against the final assessment bill, being Annexure P-2 of the present
petition and to pay off the rest of the amount @ Rs. 2000/- per month till the disposal of the final assessment bill amount along with the current
electricity charges.
(ii) to direct the Respondents to grant electricity connection forthwith to the meter in question of the Petitioner after the first deposition is made by
the Petitioner.
2. The officials of the West Bengal State Electricity Distribution Company Limited, a licensee under the Electricity Act, 2003, detected that the
Petitioner was unauthorisedly using electricity adopting the hooking method. Besides taking corrective measures and disconnecting the Petitioner''s
lawful supply as well, the licensee initiated proceedings before the Criminal Court u/s 135 of the Electricity Act, 2003 and also u/s 126 of the Act.
The Petitioner was arrested and released on bail after 47 days. The criminal case is pending.
3. In the Section 126 proceedings the Assessing Officer made the order of provisional assessment dated May 12, 2010 and on that same day he
made the order of final assessment. The Petitioner accepted the order of final assessment and submitted a representation dated July 26, 2010
requesting the licensee to permit him to pay the assessed amount in instalments and to reconnect his supply on payment of the first instalment. Since
the licensee did not give any attention to his representation, he brought this petition.
4. Mr. Bhattacharjee, counsel for the Petitioner, has argued that considering the sincere request of the Petitioner, the licensee ought to have granted
the Petitioner instalments to pay the amount finally assessed by the Assessing Officer and reconnected supply on payment of the first instalment.
5. There is No. law that created the licensee''s obligation to permit the Petitioner to pay the amount finally assessed by the Assessing Officer, in
instalments and to reconnect the Petitioner''s supply on payment of the first instalment. The Petitioner asserted a non-existent right and then brought
this petition alleging failure on the part of the licensee to discharge a non-existent duty or obligation. The allegation of inaction and non-action is
baseless and unacceptable.
6. In view of the provisions of Regulation 6 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2007,
supply of electricity to the Petitioner, disconnected in terms of the provisions of Regulation 4.2 that empowers the licensee to disconnect or cause
to be disconnected the supply to a person or premises or both immediately upon detection of theft sir unauthorised use of electricity, is to be
reconnected by the license it the earliest and positively within 48 hours from the time of payment of the assessed amount.
7. This means that if the Petitioner pays the whole of the assessed amount, only then the licensee will incur a mandatory statutory obligation to
reconnect supply. If he is unable to pay the amount at one go, then he is free to pay in instalments, and in that case he will acquire a statutory right
to reconnection only after he pays the final instalment. Hence an order permitting him to put down a Rs. 25000 deposit on the Rs. 125080
assessed amount and commanding the licensee to reconnect supply, being contrary to the provisions of Regulation 6 of the 2007 Regulations, will
just be illegal.
8. For these reasons, the petition is dismissed. No. costs. Certified xerox.
