ALFA INDUSTRIES Vs. CESC LIMITED

JUDGEMENT

(1.) In the instant writ petition the writ petitioner no. 1 M/s. Alfa Industries has contended that it is a proprietorship concern having its office at 250/A/80, G. T. Road (North) under Malipanchghora P.S. of District Howrah acting through the petitioner no. 2 Mr. Pankaj Sharma as authorised signatory. The petitioners claim that in June, 2006 they applied for a new electricity connection in the nature of Low Tension Industrial Line to the respondent CESC Limited for their factory premises. On receipt of their application the respondent offered a quotation of Rs. 1,25,791/- which was paid on 12.08.2006 under bill no. MA 06/02460/06/0/1. Since no action was taken thereafter on 12th April, 2007 the petitioners made a representation followed by a demand notice on 14th January, 2008. Nevertheless the respondent authorities did not take any effective step for supply of such electricity for which they have approached this Writ Court seeking necessary remedies.

(2.) The respondent nos. 1 to 5 in their affidavit-in-opposition on the contrary has claimed that the premises no. 250/A/80, G. T. Road (North), Howrah 711 107 is catered from existing high tension supply wherefrom all the occupants of the said premises are getting supply of electricity. The present writ petitioner no. 1 has applied to CESC for 30 KW industrial load suppressing this fact. Therefore, though the respondents forwarded a provisional estimate and received the same they are unable to supply any low tension electricity in the same premises. In their letter dated 20.02.2008 the respondents have already explained to the petitioners that in view of existing HT supply line no new MVSC supply can be effected within the same premises for technical reasons and as such the petitioner no. 1 was requested to take back the quotation amounts. They have further claimed that at present there are 30 applications from intending consumers for supply of low tension line though they are enjoying electricity supply from existing HT supply line. It is their further claim that CESC has received a letter dated 19.03.2007 from Shree Hanuman Industries, the consumer of HT supply at the said premises to convert the entire mode of supply in the said premises from HT to Lt but till date CESC has not been able to go ahead with the conversion, as it is not made clear to them as to who will take responsibility and who will bear the necessary charges out of so many applicants for such conversion of mode of supply. However, onus is now on these applicants including the petitioner no. 1 to take up the matter further and to see that existing HT supply is surrendered after due compliance of all formalities and new LT supply is introduced in the said premises upon compliance of all further requisite formalities. In fact CESC is willing to take appropriate step after receipt of further information from the said Shree Hanuman Industries and other applicants.

(3.) In their affidavit-in-reply to such affidavit-in-opposition the writ petitioners have further claimed that the argument advanced by the respondents is not based on actual state of affairs. In fact the said Shree Hanuman Industries was the principal owner of entire premises no. 250/A, G. T. Road (North), Howrah 711 107 and is the sole consumer of HT connection. In course of time the said Shree Hanuman Industries segregated the entire premises into smaller plots and sold them to intending purchasers. The mother of the petitioner no. 2 is one of such purchasers who purchased a plot out of the said premises no. 250/A, G. T. Road (North) which was mutated under separate holding number 250/A/80, G. T. Road (North), Howrah 7.