Abhinandan Manna vs West Bengal State Electricity
2023 Latest Caselaw 2785 Cal

   04
20.04.2023
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              IN THE HIGH COURT AT CALCUTTA
             CONSTITUTIONAL WRIT JURISDICTION
                      APPELLATE SIDE

                       W.P.A. No. 8777 of 2023

                       Abhinandan Manna
                               Vs.
                   West Bengal State Electricity
              Distribution Company Limited & Ors.


             Mr. Shibaji Kumar Das
                            ...for the petitioner

             Mr. Srijan Nayak
                            ...for the WBSEDCL

             Mr. Tarak Nath Halder
                            ...for the respondent nos. 5, 6 and 7

Learned counsel appearing for the petitioner cites a

Division Bench judgment of this Court, reported at

2023 SCC Online Cal 667 (West Bengal State Electricity

Distribution Company Limited and others vs.

Transmission & Distribution (India) Limited.

It is submitted that in terms of clause 13.9 of

Regulation 46 of the WBERC, it is the bounden duty of

the licensee to prove the nexus between an applicant

for new connection and the previous defaulting

consumer, to claim outstanding dues as a precondition

for giving a new connection to the said applicant.

It is submitted that all the co-owners of the

property-in-question, together, sold a demarcated

portion of the property to the petitioner and, as such,

the petitioner is the independent owner of the said

demarcated portion. However, when the petitioner

sought electricity connection at the premises, the

WBSEDCL objected on the ground that there were

outstanding dues left, not by the petitioner or his

predecessor-in-interest, but some other person.

Learned counsel for the private respondents

disputes the proposition that the property is not a joint

property and contends that the property is still a joint

one and, as such, the liability of one demarcated

portion cannot be imposed on another demarcated

portion of the said property.

Learned counsel appearing for the WBSEDCL seeks

some time to file a report indicating whether there is a

nexus between the petitioner and the erstwhile

defaulting consumer.

Let such report be filed by the WBSEDCL on the

next returnable date with advance copies of the same to

the learned advocates for other parties.

The matter shall next be listed for hearing on April

26, 2023 under the same heading.

(Sabyasachi Bhattacharyya, J.)