W B S E B Vs. SAKTIPADA BHATTACHARJEE

JUDGEMENT

(1.) This appeal is directed against order dated 1.9.1998 passed by the District Forum at Midnapore directing State Electricity Board to give separate electric connection to the complainant's rented premises within 30 days from the date of communication of the order upon due performance of all formalities in this regard. It appears that the complainant was a tenant in the disputed premises and he filed a case under Sec.36 of the West Bengal Premises Tenancy Act (for short Act) before the House Rent Controller, Midnapore Sadar (North ). The Rent Controller allowed his prayer to get new connection from the Board and directed the later to take necessary steps for giving electricity connection to the rented premises of the complainant. The Board having not given electric connection. The complainant filed this case before the Forum making similar prayer and upon hearing both sides the Forum passed the order as aforesaid.

(2.) It appears that the objection of the Board in giving electric connection was that a huge amount is outstanding towards the consumption of electric energy in the said premises for the period from May, 1991 to April, 1995 and the said supply was disconnected due to non-payment of outstanding bills.

(3.) It appears that several decisions were cited in support of the contention of the Board to the effect that supply of energy cannot be restored till the outstanding bills are cleared. The Forum considered those decisions and found that there was no justification for denying supply of electricity to the complainant. According to the Forum the Board cannot insist on payment of arrear charges. But the Forum overlooked the fact that the prayer for supply of electricity was granted by the learned House Rent Controller, Midnapore. It is not known why the complainant approached the Forum for the self same relief. If the complainant finds that the order of the House Rent Controller is not being complied with he may get the order executed under Sec.37 of the Act. In our view the present petition for the self same prayer which was once allowed by the learned House Rent Controller cannot be entertained by the Forum to reinforce the same. It is within the right of the complainant to get it executed by way of execution before the Executing Court. It seems that this point was not considered by the Forum when the order was passed. Accordingly the judgment of the Forum cannot be sustained. We have no hesitation to allow the appeal which we hereby do. ORDER the appeal be hereby allowed and the judgment of the Forum is set aside and the complaint petition be dismissed.