M/L 5 06.01.2025 Court No.14 PRADIP IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 30288 of 2024 Smt. Sunita Saha Vs. West Bengal State Electricity Distribution Company Limited & Ors. Mr. Gurudas Mitra Mr. Pushan Majumdar Ms. Asmita Raychaudhuri … for the Petitioner. Mr. Dr. Madhusudan Saha Ray …for the WBSEDCL. 1. Affidavit of service filed in Court today is taken on record. 2. The petitioner is aggrieved by the notice of disconnection dated 10th December, 2024 issued by the West Bengal State Electricity Distribution Company Limited as per Clause 4.5 of the WBERC Regulation No. 55 of 2013 regarding wrongful declaration made by the petitioner at the time of obtaining new service connection. 3. The application made by the petitioner for obtaining new electricity connection is annexed to the writ petition. It appears therefrom that, the petitioner declared that there is no other service connection (live/disconnected) in the same premise having outstanding dues for which the new service connection is being applied for. 4. At the time of making the application the petitioner disclosed that she is doing ‘garments business’ under the name and style of Sreema Garments. The petitioner has since switched over to the ‘hatchery business’. The business is being run from the tenanted premises under a tenancy agreement made by and between the petitioner as tenant and her father-in-law as landlord. 2 5. The tenancy agreement discloses that the tenant shall not use the tenanted floor save and except for the garment manufacturing unit/warehouse purpose. Despite such an indication in the tenancy agreement, the petitioner has switched over from the ‘garments business’ to the ‘hatchery business’. 6. Admittedly, the father-in-law of the petitioner being the landlord of the same premises used to run the hatchery business and has outstanding dues to a tune of rupees seventy lakh and more. By the impugned notice of disconnection, the petitioner has been granted an opportunity to submit a show- cause which the petitioner did. Upon consideration of the reply of the petitioner final order has been passed. 7. The petitioner apprehends that the WBSEDCL may disconnect the electricity connection of the petitioner. It has been submitted that, there is no amount due and pending from the end of the petitioner and in view of the order passed by the Ombudsman in W76YM/2024 dated 15th July, 2024, the licensee cannot impose the liability of the outstanding dues of her father-in-law’s Mother Hatchery upon the petitioner’s Sreema Garments. 8. Prayer has been made to permit the petitioner to run the hatchery business with a direction upon the licensee not to disconnect the electricity connection. 9. Learned counsel representing the Distribution Company Limited relies upon the provision of Clause 4.5.1 and 4.5.2 of WBERC No. 55 of 2013 which relates to disconnection of electricity supply for furnishing incorrect and wrong declaration. 10. The provision permits the licensee to disconnect electricity supply if the explanation of the consumer is not satisfactory. In the instant case, the explanation submitted by the petitioner 3 was considered and final order has been passed on 20th December, 2024 clearly mentioning that the explanation given by the petitioner is not satisfactory. 11. According to the licensee company, a sum of rupees one crore and more is due and payable by Mother Hatchery standing in the name of the father-in-law of the petitioner. The petitioner had made an incorrect declaration at the time of making the application for obtaining new service connection. The action of the licensee company cannot be faulted. 12. Learned advocate representing the petitioner submits that, as a valid license has been issued in favour of the petitioner, she may be permitted to run the hatchery business. It appears that the electricity supply company is not disturbing the business of the petitioner. It is only the electricity connection that has been disconnected. 13. It will be open for the petitioner to run the business in accordance with law. The Court is not inclined to interfere with the notice of disconnection dated 10th December, 2024 issued by the West Bengal State Electricity Distribution Company Limited under Clause 4.5 of the WBERC Regulation No. 55 of 2013. 14. The writ petition stands disposed of. 15. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Amrita Sinha, J.)