Sk. Sofikul Islam vs The West Bengal State Electricity
2022 Latest Caselaw 7079 Cal

S/L. 22.

September 27, 2022.

MNS.

WPA No. 7165 of 2021

Sk. Sofikul Islam Vs.

The West Bengal State Electricity Distribution Company Limited and others

Mr. Prasanta Kumar Banerjee, Mr. Indrani Nandi

...for the petitioner.

Mr. Srijan Nayak, Mrs. Rituparna Maitra

...for the WBSEDCL.

Learned counsel for the petitioner submits

that the petitioner's electricity connection was

severed on the allegation of pilferage.

Subsequently, however, a criminal proceeding under

Section 135 of the Electricity Act, 2003 (2003 Act)

was disposed of upon the petitioner being acquitted

and discharged. As such, it is submitted that the

acquittal entitles the petitioner to be absolved from

making further payment of any amount for electricity

connection. Hence, the Distribution Licensee be

directed to restore the electricity connection of the

petitioner.

Learned counsel appearing for the West

Bengal State Electricity Distribution Company

Limited (WBSEDCL) seeks further time to take

instructions in the mater.

That apart, since the petitioner has annexed

only the ordering portion of the order of acquittal, it is

required to be seen as to what was the ratio for

acquittal as disclosed in the corresponding

judgement of the criminal Court, to ascertain whether

the allegation made while making the provisional

assessment under Section 126 of the 2003 Act or

final order of assessment thereafter was identical

with the allegation on which the complaint was

lodged against the petitioner, which gave rise to the

criminal proceeding where the petitioner has been

subsequently acquitted.

Hence, learned counsel for the petitioner shall

produce a certified copy or a photocopy of a certified

copy of the judgment corresponding to the order of

acquittal on the next returnable date.

The matter shall next be enlisted on

November 11, 2022 for passing orders.

The learned Advocate for the petitioner is

requested to serve an advance copy of the

judgment, which will be produced on the next

occasion, to his counterpart appearing for the

WBSEDCL.

(Sabyasachi Bhattacharyya, J.)