Jayanta Kumar Biswas, J. - (1.) THE petitioner in this WP under art.226 dated November 9, 2011 is questioning a decision of West Bengal State Electricity Distribution Company Limited (in short WBSEDC), a licensee under the Electricity Act, 2003, dated September 02, 2011 (WP p.55). The relevant parts of the decision dated September 02, 2011 are quoted below: - You have been approached to our Borjora Customer Centre on 28.03.11 for an Industrial Connection with contract demand of 10.23 KVA at the premises located at Mouza Saharjora Jl. No. 9, Plot No. 2609 & 3138(Part), PS. Barjora Dist. Bankura. In this connection please be noted that the said premises belongs to M/s. Kero Rajendra Monolithics Ltd., one of the disconnected De -centralised Bulk consumer under Regional Office, Bankura. As per our available records there lies outstanding dues to the tune of Rs. 20,72,577.00(Rupees twenty laks seventy two thousand five hundred seventy seven only) against the said disconnected bulk consumer. Under the above you are requested to arrange to pay the said outstanding dues at this end so that the new Industrial connection, as applied for, may be effected at the aforesaid premises.
(2.) KERO , referred to in the decision, was a de -centralized bulk consumer of West Bengal State Electricity Board (in short WBSEB). By an order dated December 06, 2004 it was wound up. The Official Liquidator took possession of its assets. For recovery of energy charge left unpaid by Kero, WBSEB instituted an MS No. 5 of 2005 in the Court of the Civil Judge (Sr. Divn.), Bankura. During pendency of the suit the Government of West Bengal issued a notification dated January 25, 2007 in exercise of power conferred by sub -s.(4) of s.138 of the Electricity Act, 2003.
(3.) A Scheme was notified for providing and giving effect to the transfer and vesting of all properties and all interests, rights and liabilities of WBSEB in the State Government and revesting thereof by the State Government in WBSETC and WBSEDC with all other properties, interests, rights and liabilities of the State Government and for determining the terms and conditions on which such transfer or vesting or revesting would be made.;