@JUDGMENTTAG-ORDER
Jayanta Kumar Biswas, J.@mdashThe petitioner in this Art. 226 petition dated October 6, 2010 is seeking the following principal relief:--
(a) A writ of Or in the nature of mandamus commanding the respondent Nos. 1 and 2 to forthwith disconnect the electricity of the private
respondent No. 5 who is illegally enjoying the electricity in the premises of your petitioner;
2. Admittedly, the fifth respondent, Bhusan Kumar Das, is an occupier of a portion of the premises. The petitioner claims that he is the owner of
the premises, and that Bhusan is a rank trespasser. The petitioner filed a suit for Bhusan''s eviction. The Civil Court made a decree for eviction.
The decree has been put into execution. At such stage the petitioner has brought this petition.
3. Mr. Ray, counsel for the petitioner, submits as follows. Since Bhusan''s appeal from the decree for eviction was rejected, the petitioner has
acquired a right to call upon the West Bengal State Electricity Distribution Company Limited that supplied electricity to Bhushan to disconnect
supply of electricity to Bhusan.
4. The question is whether the petitioner is entitled to call upon the licensee under the Electricity Act, 2003 to disconnect supply of electricity to
Bhusan.
5. Supply of electricity to a consumer can be disconnected by the licensee only in terms of provisions of the West Bengal Electricity Regulatory
Commission (Electricity Supply Code) Regulations, 2007, Reg. 4.0.
6. The regulation provides that supply to a consumer can be disconnected for non-payment of charge, for theft or unauthorized use of electricity,
for distress or damage to the electrical plants, electric lines or meter, for prevention of loss of human life and property, on request in writing by the
consumer, or for incorrect or wrong declaration.
7. Nothing in the regulations confers a right on a person getting a decree for eviction of a consumer of a licensee to call upon the licensee to
disconnect supply of electricity to the consumer suffering the decree. I am, therefore, of the view that the petitioner has no statutory right to call
upon the licensee to disconnect supply of electricity to Bhusan.
8. The decree for eviction obtained by the petitioner is to be executed according to law and during pendency of the execution proceedings the
petitioner cannot be permitted to exercise an extra legal right using the process of Writ Court. In my opinion, the petition is totally misconceived.
9. For these reasons, the petition is dismissed. No costs. Certified xerox.
