OHID AHAMMED & ORS. Vs. THE WEST BENGAL STATE ELECTRICITY
LAWS(CAL)-2011-12-113
HIGH COURT OF CALCUTTA
Decided on December 02,2011

Ohid Ahammed And Ors. Appellant
VERSUS
The West Bengal State Electricity Respondents

JUDGEMENT

- (1.) The petitioners in this art.226 petition dated November 24, 2011 are seeking the following principal relief: "a) A writ or writs in the nature of Mandamus do issue commanding the directing the respondents herein their men, agents, servants and subordinates and each of them to show cause as to why the order dated 17th October, 2011 passed by the District Consumer Disputes Redressal Forum, North 24 Parganas at Barasat in C.C. Case No. 302 of 2010 being Annexure P-8 to this writ application should not be set aside and/or canceled and /or quashed and as to why the complaint case being C.C. Case No. 302 of 2010 would not be remanded back to the District Consumer Disputes Redressal Forum, North 24 Paranas at Barasat for a fresh hearing after giving an opportunity to all the necessary parties including your petitioners."
(2.) The order of the District Forum dated October 17, 2011 referred to in prayer (a) is at p.71. It was passed in a case registered on the basis of a complaint filed by the private respondent (Mansur Ali Molla) on October 11, 2010 against three officials of West Bengal State Electricity Distribution Company Limited. The District Forum allowed the case in part and directed the opposite parties therein to give Mansur supply of electricity to the premises in question.
(3.) The petitioners are questioning the order contending, as argued by their advocate, as follows. Without making them party the case was filed, and the District Forum passed the order affecting their interests. Since the order is patently violative of the principles of natural justice and contrary to the orders passed by this Court in previous cases and the Civil Court in pending suit, the petitioners are entitled to question the order before the Writ Court.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.