- (1.) THE petitioner in this WP under art.226 dated January 11, 2012 is seeking a mandamus commanding CESC, a licensee under the Electricity Act, 2003, to reconnect supply of electricity to the premises in question.
(2.) ADMITTEDLY, one Tulsi Charan Maity was the consumer of the connection in question. The petitioner is Tulsi's nephew. As will appear from the document at p.15 Tulsi died on September 16, 2009. The petitioner was consuming electricity through the connection and paying the bills raised by CESC periodically. On March 16, 2011 the petitioner instituted a suit against the private respondent (Samir Kumar Ghosh). Tulsi was Samir's tenant inducted in the premises in question. The Civil Court passed an order dated March 16, 2011 restraining Samir "from making any disturbances in enjoying the electrical energy through the meter nos. 2642209 and 2344592 till April 16, 2011," and saying that the order would not prevent CESC from taking steps in case of violation of any rule under the "West Bengal Electricity Act." The petitioner claims that he sent an undated letter (at p.17) informing CESC that in violation of the order of the Civil Court supply of electricity to the premises was disconnected on May 4, 2011. Now he is alleging that CESC has not reconnected the supply.
(3.) COUNSEL for the licensee submits as follows. CESC received a letter dated February 21, 2011 from Tulsi who expressed his intention to surrender the connection through both the meters in question. Since Tulsi was the registered consumer, CESC effected disconnection through the two meters. When it was informed that the Civil Court had passed an injunction, its people visited the premises several times for reconnecting the supply, but for resistance put up by some people the supply could not be reconnected. Counsel for the petitioner submits that since CESC wrongfully disconnected the supply, the petitioner is entitled to an order directing it to reconnect the supply breaking and removing the resistance with police help.;