GAUTAM ROY Vs. C E S C LTD

JUDGEMENT

(1.) The writ petitioner, who is a consumer of electricity bearing Consumer No. 15010113017 and meter No. 1169603, has prayed, inter alia (a) Writ in the nature of Mandamus commanding the respondents to restore the electricity to the premises of the petitioner forthwith and not to deal with the meter which has unlawfully been taken possession of on 27.2.1992, by the respondents, from the premises of the petitioner i.e. Meter No. 1169603 (b) Writ in the nature of Certiorari directing the respondents to produce all records relating to the present case before this Hon'ble Court and upon perusal of records and cause, if any shown, conscionable justice may be rendered to the petitioner by issuance of appropriate writ, order or orders for restoration of electricity connection to the premises of the petitioner. (c) Rule in terms of prayers (a) and (b) above. (d) Interim order directing the respondents to restore the electricity forthwith in the premises of the petitioner being 7/5, Burdwan Road, P.S. Behala, Calcutta-7110027 and (f) to pass such other order or orders.

(2.) It is contended that all on a sudden by letter dt. 21.2.92 the respondent No. 2, Senior Commercial Executive, South West Regional Office of CE.S.C. Ltd. informed the petitioner that an inspection was carried out at the above premises when it was observed that no load was connected against the said meter and asked the petitioner to submit a reply within 15 days as to whether the said meter is any longer required by him. Since the petitioner was taking step to reply to the letter the respondent No. 3 along with one Mr. Das of Vigilance Department of CE.S.C. Ltd. disconnected the supply of electricity and removed the meter on 27.2.92 at 3-30 p.m. After receiving the message of disconnection of electricity and removal of the meter the petitioner lodged an F.I.R. with the Alipore Police Station. The allegations of the petitioner are that the respondents have acted arbitrarily and mala fide by removing the meter of the petitioner and disconnecting the electricity in the most highhanded manner. It is urged that the Indian Electricity Act, 1910 does not permit the respondents to remove the meter or disconnect the electricity at the petitioner's premises without any notice to the petitioner. Stating all these facts the petitioner has sought for the reliefs as indicated above.

(3.) The writ petition was entertained and upon hearing both sides an interim order was made to restore supply on certain conditions of making payments.