Research › Search › Judgment

Calcutta High Court · body

2002 DIGILAW 205 (CAL)

Parameswarlal Bhaniramka v. C. E. S. C. Ltd.

2002-03-22

Prabir Kumar Samanta

body2002
Order Prabir Kumar Samanta, J.: This writ petition is directed against a notice dated 21st September, 2001 whereby it was alleged that the writ petitioner being a consumer of electricity had provided supply of electricity to a disconnected consumer, i.e. Sri Mahesh Kumar Bhaniramka at the self same premises in which the petitioner is residing. The petitioner was, accordingly, asked to appear before the authority concerned for the purpose of assessment of the amount which may be charged at a penal rate for supplying such electricity to a disconnected consumer. Condition 27(b) clearly stipulates that if the officer authorised by the licensee upon inspection is satisfied that any consumer is supplying electricity to any disconnected service then without prejudice to the other rights of the licensee it will have the power to disconnect the supply of electricity to the said consumer. Condition 27(c) provides for determination of the amount which may be charged at a penal rate for the electricity supplied by the said consumer to a disconnected consumer. 2. Having regard to the aforesaid notice dated 21st September, 2001 whereby it was alleged that the petitioner-consumer is violation of the provisions of law of supplying electricity to a disconnected consumer as above and since such an allegation involves question of fact, I am of the view that the writ petitioner is not entitled to an adjudication on the same in this writ jurisdiction. Whether there had been any supply of electricity by the writ petitioner to a disconnected consumer is a question of fact to be decided on evidence. 3. Since the petitioner has already raised an objection, so I dispose of this writ petition with a direction upon the authority concerned to dispose of the same upon an opportunity of hearing to the writ petitioner expeditiously as possible and preferably within a period of three weeks from the date of communication of this order. 4. Xerox certified copy of this order, if applied for, is to be supplied to the parties. Writ petition disposed of with direction.