Disposed¶6

Jiban Krishna Das v. West Bengal State Electricity Distribution Company Ltd. and Ors.

Calcutta HC7 Feb 2024WPA/28591/2023

Case brief

AI extract

What is this about?

Electricity disconnection during pendency of Section 127 appellate-route appeal; WBSEDCL disconnected supply absent Division Bench injunction; no cause of action since Single Judge's liberty subsists; writ disposed with liberty for interim relief/restoration of supply. Case: WPA No. 28591 of 2023, Jiban Krishna Das v. The West Bengal State Electricity Distribution Company Limited and others, February 7, 2024, Sabyasachi Bhattacharyya, J. Relevant terms: inflated bills, Electricity Act 2003 appellate authority, appeal pending, no injunction, interim relief.

What did the court decide?

Liberty to the petitioner to approach the Division Bench taking up his pending appeal for appropriate interim relief, including restoration of electricity supply. ¶6

Jiban Krishna Das Vs West Bengal State Electricity Distribution Company Ltd. and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the Division Bench taking up his pending appeal for appropriate interim relief, including restoration of electricity supply.

¶6

Issue for consideration

Whether there was any illegality on the part of WBSEDCL in disconnecting the petitioner's electricity supply during the pendency of his appeal, in the absence of a specific order of injunction passed by the Division Bench handling the appeal. +1 more

¶4

Court's answer

There is no illegality, prima facie, on the part of WBSEDCL in disconnecting the petitioner's electricity supply in the absence of any specific order of injunction passed by the Division Bench taking up the petitioner's appeal.

¶4

Ratio / Principle

The liberty given to the petitioner by the learned Single Judge to approach the appellate authority still subsists unless specifically reversed by the appellate court; consequently, there is no cause of action in the present writ petition.

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Detailed headnote1 paragraphs

Single-judge disposition of writ application WPA No. 28591 of 2023 (Jiban Krishna Das v. The West Bengal State Electricity Distribution Company Limited and others), decided February 7, 2024. The petitioner, an electricity consumer who had disputed inflated bills and lodged an earlier writ petition (depositing some amount per the writ court's order), had been given liberty by that writ's disposal to approach the appellate authority under Section 127 of the Electricity Act, 2003; an appeal against the learned Single Judge's order remained pending before the Division Bench. The present writ complained that WBSEDCL disconnected his electricity connection during the pendency of that appeal. The learned Single Judge found no illegality prima facie on WBSEDCL's part in disconnecting supply in the absence of any specific injunction order from the Division Bench handling the appeal, held that the earlier liberty still subsists unless reversed by the appellate court and that therefore there was no cause of action, and disposed of the writ with liberty to seek appropriate interim relief, including restoration of electricity supply, from the Division Bench. No order as to costs.

¶1

D/L. 22. February 7, 2024. MNS.

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WPA No. 28591 of 2023

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Jiban Krishna Das

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Vs.

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The West Bengal State Electricity Distribution Company Limited and others

¶6

Mr. Bhaskar Chandra Manna

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… for the petitioner.

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Mr. Sujit Sankar Koley

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…for the WBSEDCL.

¶10

The petitioner complains that the petitioner was enjoying electricity connection when inflated bills were raised. The petitioner disputed such bills and preferred a writ petition. As per the order of the writ court, some amount was deposited by the petitioner. Subsequently, however, the writ petition was disposed of by granting liberty to the petitioner to approach the appellate authority under Section 127 of the Electricity Act, 2003 (2003 Act).

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The petitioner complains that during pendency of the appeal, the electricity connection has been disconnected by the West Bengal State Electricity Distribution Company Limited (WBSEDCL) giving rise to the present writ petition.

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Learned counsel for the WBSEDCL submits that the order of the writ court was clear as to the remedy of the petitioner being before the appellate authority, which has not been availed of by the petitioner. The petitioner however has preferred an appeal against the order of the learned Single Judge, which is now pending.

¶14

It transpires that there is no illegality prima facie on the part of the WBSEDCL in disconnecting the petitioner’s electricity supply in the absence of any specific order of injunction being passed by the Division Bench taking up the appeal of the petitioner.

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In any event, liberty was given to the petitioner by the learned Single Judge to approach the appellate authority, which order still subsists unless specifically reversed by the appellate court ultimately. There is no cause of action in the present writ petition.

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Accordingly, WPA No. 28591 of 2023 is disposed of, however, with liberty to the petitioner to approach the Division Bench taking up the appeal of the petitioner for appropriate interim relief for restoration of electricity supply.

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There will be no order as to costs.

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¶19

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

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(Sabyasachi Bhattacharyya, J.)

Jiban Krishna Das v. West Bengal State Electricity Distribution Company Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Jiban Krishna Das v. West Bengal State Electricity Distribution Company Ltd. and Ors.

Case brief

What is this about?

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Why is it important?

What the court decided

Issues for consideration

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