LAWS(CAL)-2001-2-68

NANI GOPAL SENGUPTA Vs. CESC LIMITED & ORS.

Decided On February 16, 2001
NANI GOPAL SENGUPTA Appellant
V/S
Cesc Limited And Ors. Respondents

JUDGEMENT

(1.) The supply to the petitioner had been disconnected on the allegation that the petitioner is effecting supply to a disconnected service in terms of the powers under clause 27(b) of the Conditions of Supply of the CESC Ltd. The petitioner has filed an affidavit stating that he has not supplied electricity to any disconnected service and that he would also not supply the same. There is an assertion by the CESC Ltd. that the petitioner was effecting such supply and there is a denial of such assertion. A dispute, therefore, has arisen, the question is who is going to adjudicate the dispute. In the Conditions of Supply no Adjudicator has been named. Under those circumstances, merely on the basis of an allegation a person cannot be deprived of a valuable right of supply of electricity. If that is so, that would tantamount to permitting the officer of the CESC Ltd. who has reported the matter not only to become the Judge of his own findings but also the Executive which is not permissible in a democratic society, I, therefore, dispose of this writ petition by directing the CESC Ltd. to forthwith restore the supply to the petitioner.

(2.) This order will, however, not prevent the CESC Ltd. from recovery of the amount due from the petitioner of the consumption made by the petitioner through the meter installed in the name of the petitioner. Writ petition disposed of with direction.