OM PRAKASH JAISWAL Vs. THE CESC LIMITED

JUDGEMENT

(1.) The writ petitioner is the husband of the Respondent No. 3. The CESC authorities demanded payment of sum assessed for unauthorized consumption of electricity by his wife at a premises different from that where the petitioner is presently enjoying electric supply. He claims that, the bill raised by the CESC authorities on his wife, the Respondent No. 3 for unauthorized consumption of electricity is not payable by him. He claims that the relationship between him and the Respondent No. 3 is estranged and that, they are living separately. The writ petitioner claims that, the electricity connection enjoyed by him is at a premises separate than that of the premises to which the unauthorized consumption took place and such his electric supply cannot be disconnected.

(2.) The writ petitioner enjoys an interim order dated March 28, 2014 by which the CESC authorities were directed to connect the electric supply to the writ petitioner on the prima facie findings returned by the Court as recorded in the said order. The writ petition came up for final hearing upon completion of affidavits.

(3.) Mr. Mukul Lahiri learned Senior Advocate for the petitioner submits that, the electric supply to the writ petitioner cannot be disconnected for arrears on account of a different consumer at a different place. He points out that, the alleged pilferage took place at a premises other than the premises where the writ petitioner is presently residing. He relies upon Regulation 3.4.2 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2007 and submits that, under such regulations two criteria at the basic minimum must be satisfied entitling the CESC authorities to disconnect electric supply. According to him in Regulation 3.4.2 of the Regulations of 2007 a person having a nexus as that of the earlier supplier must apply to obtain electric supply at the same premises at which the earlier consumer was assessed for unauthorized consumption. According to him, in the instant case, none of the two criteria are satisfied and, therefore, the CESC authorities cannot disconnect electric supply to the writ petitioner.