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2008 DIGILAW 198 (CAL)

Akhter Hossain v. Cesc Limited

2008-02-15

SANJAY KISHAN KAUL, SUDERSHAN KUMAR MISRA

body2008
Judgment (1.) THE petitioner applied before the CESC Limited for supply of electricity at premises No. 30/1b/h/16, Ekbalpore Lane, Kolkata 700 023 (hereafter the said premises). By letter dated 14. 5. 07, the District Engineer, South West District, CESC Limited informed the petitioner that in view of outstanding dues in respect of consumption of electricity recoverable at the said premises, he was required to call on the outstanding section of the Commercial Department of CESC Limited to resolve the issue and once the issue is resolved the supply would be effected. It is the case of the petitioner that he had been to the office of the respondent no. 2 and had apprised him of his induction as a new tenant and that he should not be saddled with the liability in respect of dues left outstanding by the erstwhile tenant. It is further case that despite number of requests and persuasions prove abortive and ultimately he was forced to invoke the writ jurisdiction of this Court. It is the stand of the respondents in their affidavit in opposition that upon receipt of the application from the petitioner enquiry was conduct which reveal that premises no. 30/1 is a big bustee area of Ekbalpore Lane which was subsequently numbered h. There are a number of defaulting consumers still residing in the said bustee who upon disconnection of their supply have been enjoying electricity by getting supply from other live customers. In view of such enquiry, an inspection report was submitted before the respondents pursuant whereto the letter dated 14.5.07 was issued requesting the petitioner to call on at the office. However, the petitioner did not respond by meeting any of the officers of CESC Limited. (2.) IT has further been contended in the said affidavit that pursuant to an order dated 9.7.07 passed by Honble Patherya, J., the petitioner was called upon to attend the office of the respondent no. 26. 7. 07 for amicable settlement of the dispute. The petitioners representative was asked to make a payment of a token amount of Rs. 5000/- for having supply of electricity. Although the representative of the petitioner agreed to settle the dispute and stated that the petitioner himself would visit the office of the respondents, but neither the said representative not the petitioner paid any visit and, therefore, the issue could not resolved out of court. 5000/- for having supply of electricity. Although the representative of the petitioner agreed to settle the dispute and stated that the petitioner himself would visit the office of the respondents, but neither the said representative not the petitioner paid any visit and, therefore, the issue could not resolved out of court. (3.) THIS Court has heard learned Counsel for the parties and has perused the materials placed before it. (4.) FROM the purported inspection report prepared by one Soumit Mitra on 13.7.07 referred to in para 3 (f) of the affidavit in opposition (being Annexure R-2 thereto), it does appear that one Sk. Akthar Hossain of 32, Ekbalpore Lane, kolkata 700 073 having consumer no. 1408203000 owes an amount of Rs. 6,013.36p to the CESC Limited. However, there is nothing on record to establish that Sk. Akthar Hossain and the petitioner is one and the same person. Additionally, Sk. Akthar Hossain appears to have been the resident of 32, ekbalpore Lane and not of 30/1 Ekbalpore Lane being the big bustee area, subsequently numbered as h, nor of the said premises. In such circumstances, this Court has failed to comprehend as to how the respondents could correlate that the outstanding dues of Sk. Akthar Hossain is payable by the petitioner. (5.) THE petitioner, therefore, has no liability to clear the dues of Sk. Akthar hossain and the CESC Limited, it is held, has no authority to claim such amount from the petitioner for effecting supply to the said premises. (6.) ACCORDINGLY, this writ petition stands allowed with a direction upon the CESC Limited to give supply of electricity to the petitioner by taking necessary steps in accordance with law and upon completion of other legal formalities without insisting for payment of recoverable dues from Sk. Akthar Hossain, as early as possible but positively within two weeks from date of receipt of a copy of this order. There shall be no order for costs.