MOSLEM HOSSAIN Vs. WEST BENGAL STATE ELECTRICITY BOARD & ORS
LAWS(CAL)-2012-6-122
HIGH COURT OF CALCUTTA
Decided on June 20,2012

MOSLEM HOSSAIN Appellant
VERSUS
WEST BENGAL STATE ELECTRICITY BOARD And ORS Respondents

JUDGEMENT

- (1.) The writ petitioner invoking Article 226 of the Constitution moved this writ application on October 4, 2007 challenging an order passed on April 3, 2004 by the respondent no. 4, the Assistant Engineer, Mathabhanga, West Bengal State Electricity Board, Coochbehar being Annexure 'P-5' to this writ application.
(2.) Having gone through the order impugned, I find, on a prayer made by the petitioner for compounding of the offence arising out of pilferage and theft of electricity, vide its letter dated March 24, 2004 the respondent authority directed him to deposit Rs. 42,510/- after deducting a sum of Rs. 21,567/- (already paid) as the assessed amount and Rs. 2,40,000/- to be paid as a sum of money for compounding the offence.
(3.) The relief sought for amongst other are as follows; (a) A writ in the nature of Mandamus commanding the respondent, their men, agent, subordinates and each one of them particularly the Station Superintendent to restore the electric supply to the paddy husking mill installed at the premises situated at Chhotosalbari Pancherhat P. S. Sitalkuchi, District Coochbehar immediately on the ground that the petitioner has already deposited the default amount in the year 2004 towards arrear bills. (b) A writ in the nature of Mandamus commanding the respondent their men, agent, subordinates and each one of them to withdraw, cancel, rescind and/or take back the impugned provisional assessment bills of Rs. 27,057/- and further amount of Rs. 2,82,510/- assessed by the Divisional Engineer particularly when those have been prepared in absence of petitioner at the time of preparation are violative of provisions of West Bengal Electricity Regulation Commission. (c) Issue a writ in the nature of Mandamus commanding the respondents their men, agent, subordinates and each one of them to forthwith refund the amount of Rs. 21,567/- with interest as on date which was illegally collected from the family members of the writ petitioner. (d) Issue a writ in the nature of prohibition prohibiting the respondents, their men, agent and subordinates and each one of them from giving effect or further effect to the impugned provisional bills dated 27.2.04, 17.3.2004 and 3.4.2004 amounting to Rs. 27,057/-, Rs. 21,567/- and Rs. 2,82,510/- respectively till disposal of the writ petition. ;


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