Pratap Kumar Ray, J - (1.) Heard the learned Advocate appearing for the parties. In the instant case the petitioner has prayed for the following reliefs "a) A writ in the nature of Mandamus commanding the respondent No. 2 to install a new meter after receiving the cost of meter from the petitioner and only the energy bill is to be taken by the WBSEB as per meter reading and the rest amount is to be refunded to the petitioner after adjustment from the impugned assessed energy bill of Rs. 15,000/- as already taken by the WBSEB from the petitioner date. 20.12.2001. b) A writ in the nature of Mandamus commanding the respondent to return back the excess amount to the petitioner as received by the respondent No. 2 under heading assessed energy bill after installation of new meter and/or in the light of annexure P/4 and P/5 to the writ petition and to set aside the impugned quotation dated 20.12.2001. c) A writ in the nature of Certiorari calling upon the respondents to transmit all records before the Hon'ble Court so that, conscionable justice may be done."
(2.) It is the case of the writ petitioner that on 18th December, 2001 the petitioner applied before Savapati Chandrakona II No. Panchayat Samity within the district of Midnapore praying necessary permission to have supply of electricity temporarily for certain periods so that the petitioner could operate the shallow tube-wells which is popularly called as 'Mini Deep Tube- Well' to supply water for the summer crops. This application was recommended and forwarded to the Station Superintendent, Chandrakona, West Bengal State Electrcity Board by the Sevapati of the said Panchayat Samity .The petitioner in appropriate form as supplied by the Panchayat Samity being W.B.S.E.B.-I under Serial No. C-2001/578050, applied for such temporary connection of electricity. This application was filed an 20th December, 2001 mentioning the capacity of the Electrical motor 5 H.P. and the total electricity load as 3.7 K.W. The West Bengal State Electricity Board accepted one undertaking as signed by the petitioner whereby the petitioner agreed to pay in advance the electrical charges for such supply of power to the shallow tube- well of the petitioner for 105 days. The State Electricity Board by their communication dated 20th December, 2001 has submitted a bill to the petitioner amounting to Rs. 15,360/-. The amount of Rs. 360/- of such bill was for service connection charge and Rs. 15,000/- for energy bill for 105 days. The petitioner deposited the said amount on 28th January, 2002. The petitioner filed an application to the Station Superintendent of the concerned area of the West Bengal State Electricity Board requesting the said authority to install a meter so that the electrical energy as to be consumed by the petitioner could be adjusted from the advance bill as already cleared by the petitioner. The respondents did not agree to such, resulting this writ application.
(3.) This application has been opposed by the West Bengal State Electricity, Board by filing several affidavits. As per Court's direction, the West Bengal State Electricity Board filed one affidavit-in-opposition affirmed on 18th March, 2002 taking the stand that the assessed consumption of energy bill for temporary service connection was rightly assessed at Rs. 15,360/-. A formula has been shown in paragraph 3E for the claimed figure of Rs. 15,000/- as energy charge. The formula is this [5 HP x .746W/HP x 19 Hours/Day x 105 Days] x Rs. 1.83 KWH. In terms of the said formula that energy charge became Rs. 13,617.67. Along with that electricity duty @ 7.5% energy charge as fixed by the State of West Bengal under the Bengal Electricity Duty Act, 1935 being Rs. 1,021.33 was added and thereby the figure was made to Rs. 14,639/- and by round figure the amount charged was Rs. 15,000/ The matter was heard at length. The learned Advocate was directed to produce the relevant papers and documents and the regulation for such fixation of the amount charged for the temporary periods. In pursuance thereof, the West Bengal State Electricity Board filed further supplementary affidavit through its Chairman as well as through the Station Superintendent. These two affidavits were affirmed on 3rd July, 2003 and 14th July, 2003 respectively. In the affidavit of 14th July, 2003 standard rates and charges for the supply of electrical energy at low and medium voltage as was approved by the West Bengal State Electricity Board, applicable with effect from 26th January, 1999 and the subsequent regulation on tariff and related condition for supply of the electrical energy at low and medium voltage as approved by the West Bengal State Electricity Board Regulatory Commission under Section 21(1) of the Electricity Regulatory Commission Act, 1998 as effective from 7th December, 2001 also has been annexed. It is the case of the writ petitioner that the West Bengal State Electricity Board cannot charge arbitrary amount without assessing the actual charge of power consumption being assessed through the meter on installing the same. The learned Advocate for the State Electricity Board expressed practical difficulty for installation of a meter by contending, inter alia, that in the village area the shallow tube-wells are situated at the far off distance of the locality and there is a chance of pilferage of electricity and theft of meter and other components. It is further contended that it is not possible by the West Bengal State Electricity Board to watch the situation by posting guards. Parties argued at length for few days on different points touching the Electricity Act as well as Electricity Regulatory Commission Act, 1998. But the point for consideration in this case has been narrowed down in view of the annexure of affidavits filed on behalf of the West Bengal State Electricity Board being affirmed by one Shri Ananda Kumar Biswas, Station Superintendent on 14th July, 2003. At page 12 of the said affidavit the tariff and related condition for supply of electrical energy at low and medium voltage as approved by the West Bengal State Electricity Regulatory Commission and accepted by the West Bengal State Electricity Board giving effect from December 7, 2001 has been annexed. It is an admitted fact that the petitioner applied for supply of electricity for 105 days, on 20th December, 2001, upon payment of advance bill as charged being Rs. 15,000/- as assessed for energy bill. In that view, the aforesaid tariff and related condition approved on 7th December, 2001 has its applicability. The said document is annexed at page 12 to page 23 of that affidavit. Under the heading Rate-C-Agriculture and Irrigation pumping it is provided that for supply of electric power to shallow tube-wells without meter having capacity above 3 H.P. but not exceeding 5 H.P. the energy charge for the periods February to May that is for summer season would be Rs. 795 per month only. The aforesaid Rate 'C'-Agriculture and Irrigation and pumping is quoted in extenso for effective adjudication, of this case: JUDGEMENT_95_LAWS(CAL)3_2004.html;