Hon'ble Mr. Justice, Jayanta Kumar Biswas - (1.) THE Court: The petitioner in this WP dated May 20, 2009 is seeking a mandamus commanding the respondents to give him supply of electricity through a new meter at the premises in question. The petitioner purchased the property at auction sale held by West Bengal Financial Corporation. He purchased the fixed assets of the previous owner (Bandel Ceramics Pvt. Ltd). On March 13, 2006 he applied for connection (WP p.25). By a letter dated June 16, 2006 (WP p.27) West Bengal State Electricity Board informed him about energy charge left unpaid by Bandel.
(2.) COUNSEL for the petitioner has argued that the petitioner was not liable to pay energy charge left unpaid by Bandel. Counsel for the respondents has submitted that in the opposition the respondents have clearly stated that the petitioner wanted restoration of supply of the previous consumer. Referring to such case he has said that since the petitioner wanted restoration of the disconnected supply, the licensee was entitled to demand payment of the energy charge left unpaid by the previous consumer. Since the question of new connection was not examined by the licensee, it is not necessary for this Court to examine whether the licensee would have been entitled to call upon the petitioner to pay energy charge left unpaid by the previous consumer, if he applied for new connection. The question will be relevant only if the petitioner applies for new connection and not restoration of the previous connection. Counsel for the petitioner has invited this Court to give the petitioner liberty to apply for new connection. In view of the above -noted situation, I dispose of the WP saying that nothing in this order or in the steps taken by the parties shall prevent the petitioner from applying to the licensee for a new supply to the premises in question. Needless to say that if application is submitted for new supply, then the licensee will decide the request according to the relevant provisions of law. No costs. Certified xerox.;