DIPAK ROY Vs. C E S C LTD

JUDGEMENT

(1.) This application under Article 227 is directed against .an appellate order dated 21.6.2003 arising out of an order dated 4.10.2002 passed by the learned Trial Court refusing to grant a mandatory injunction for reconnection of electricity. The Appellate Court agreed with the order passed by the Trial Court and dismissed the appeal. It is against this order that the plaintiff has come up before this Court invoking supervisory jurisdiction under Article 227.

(2.) Grave allegations have been made against the respondent, C.E.S.C. Ltd. that they have been misusing their statutory power of disconnection of supply of electricity in order to extort money from the consumers of electricity which has been denied by the respondents in paragraph 6 of the affidavit affirmed by Sri Ashim Chakraborty appearing at page 62 of the affidavit-in-reply. Considering the gravity of the allegations made by the plaintiff/petitioner and further considering that the allegation have far reaching consequences affecting the public in general this Court is inclined to make a deeper inquiry into the facts and circumstances of the case which is usually not done in exercise of this jurisdiction.

(3.) The petitioner is a consumer of High Voltage Electricity. The petitioner is a qualified Engineer and is self-employed. He is engaged in manufacturing of spare parts used by the Defence and Railway Ministry. It appears from the affidavit-in-opposition filed by the respondents that during the period between January 1998 and March 2002 the consumption of electricity by the petitioner rose above 250 Units only on 2 occasions; first in April, 1998 when the consumption was 443 Units and secondly in August, 1998 when the consumption was 370 Units and for the greater part of the aforesaid period the consumption was within 200 Units.