RAJ KUMAR SHAW Vs. CESC LTD

JUDGEMENT

(1.) The only issue in this writ petition is whether CESC Ltd. is entitled to realize a sum of Rs.5,63,833.00 for unauthorized use of electricity in respect of supply in favour of Shri Kali Prasad Shaw from Maa Laxmi Bhandar of which Rajkumar Shaw is a proprietor. The learned Counsel for both the parties relied upon the final order of assessment dated 10th June, 2009 in order to substantiate their rival claims. The learned Advocate for the petitioner submits that after the disconnection is made with regard to the unauthorized supply of electricity by the petitioner to Kali Prasad Shaw on 14th October, 2005, a proceeding was drawn up against the petitioner and the petitioner was penalized for the same. The adjudicating authority determined the amount which had been duly paid by the petitioner. In view thereof no amount could be realised from the petitioner for any dues of Kali Prasad Shaw that had accrued before October 14, 2005. The learned Counsel for the CESC Ltd. would rely on the same final order to show that in the past the petitioner had indulged in parting with supply of electricity unauthorizedly to his father.

(2.) It appears from the final order of assessment dated 10th June, 2009 that during an inspection on 26th May, 2009, the inspecting officer found unauthorised supply of electricity by the petitioner to Kali Prasad Shaw and accordingly disconnected the line of the petitioner. It was observed that electricity had been provided from the service installation of the son being the petitioner herein to the meter which belongs to his father Shri Kali Prasad Shaw unauthorizedly and after the said line was disconnected on 14th October, 2005, a proceeding was initiated which had culminated in a final order dated 10th June, 2009 by which the petitioner was directed to pay a sum of Rs. 1,35,632/-. It is not in dispute that the entire amount has been paid by the petitioner for unauthorized supply being effected to his father from the meter of the petitioner.

(3.) On 29th July, 2013 CESC Ltd. issued a notice of disconnection on the allegation that the petitioner is enjoying the electricity at the premises in which his father was also residing and earlier had enjoyed electricity having consumer No.39088016005. In the notice of disconnection, it was alleged that the supply of electricity to Kali Prasad Shaw was disconnected by the Laws Control Cell of CESC for unauthorized use of electricity and from the recent inspection it was gathered that the petitioner was enjoying the electricity at the same premises without having liquidated the dues of Kali Prasad Shaw being the father of the petitioner. It is the contention of the CESC Ltd. that in the event, the said amount is not paid, the electricity line would be disconnected.