A licensee is not justified in disconnecting electricity supply to a premises based solely on a request from the person whose name is recorded as a consumer in its books and records, without putting the person in occupation of the premises and actually consuming electricity on payment of charges therefor.

Whether a licensee would be justified in disconnecting supply of electricity to a premises based on a request of the person whose name is recorded as a consumer thereof in its books and records without putting the person in occupation of the said premises and is actually consuming electricity on payment of charges therefor, is the question which falls for a decision on this writ petition.

2. The predecessor-in-interest of the added respondents, Sri Asit Ranjan Bose was the lessee of a plot of land bearing No. DB 65, Salt Lake, Kolkata 700 064, the lease having been granted by the State of West Bengal sometime in December, 1973. He had entered into a development agreement dated 15th December, 1985 with the petitioner whereby he was entrusted to develop the plot of land by constructing a multi-storied building thereon. In terms thereof, on completion of construction Sri Bose was entitled to a flat measuring 1700 sq. ft. on any one floor while the petitioner had the authority to sell the remaining flats on the other floors to intending purchasers. The petitioner in due course of time completed construction of the building (hereafter the premises in question) and entered into possession thereof. However, owing to differences and disputes between the petitioner and Sri Bose, possession of any agreed portion of the premises in question could not be obtained by him and the premises in question in its entirety is still being occupied by the petitioner.

3. It appears from the application for intervention filed by the added respondents that application for supply of electricity to the premises in question was made by their predecessor-in-interest allegedly on the instigation of the petitioner. Pursuant thereto, a consumer number being C551476 was allotted to the applicant and the licensee commenced supply of electricity which is being enjoyed by the petitioner, since 1994, on payment of necessary charges by him.

4. Sri Bose, the recorded consumer, died on 13th August, 2001. It is the case of the added respondents that after his death, they tried their best to persuade the petitioner to hand over possession in terms of the agreement but he did not pay any heed. Ultimately one of the added respondents made a request to the licensee to disconnect supply. Acting on the said request, the licensee disconnected supply of electricity to a portion of the premises in question on 17th January, 2008.

Questioning the legality and/or propriety of the action of the licensee, the petitioner invoked the writ jurisdiction of this Court by filing the present petition praying, inter alia, the following relief :

"a) A writ of and/or in the nature of Mandamus do issue commanding the respondent authorities concerned, each one of them, their men, agents, servants, subordinates and/or assigns to forbear from disconnecting the supply of electricity in the entire premises of the petitioner, without showing any reason, in any manner whatsoever;

b) A writ and/or in the nature of Mandamus do issue commanding the respondent authorities concerned, each one of them, their men, agents, servants, subordinates and/or assigns to forthwith reconnect the Meter No. KK028512, Consumer No. being C551476 of the said phase at the premises of the petitioner without any delay whatsoever;

c) A writ of and/or in the nature of Certiorari do issue directing the respondent authorities concerned, each one of them, their men, agents, servants, subordinates and/or assigns to forthwith transmit the entire records of the instant case framing the basis of purported disconnection of electricity of one phase of the premises of the petitioner Meter No. KK028512, Consumer No. being C551476, and all the records relating thereto before this Hon'ble Court and to certify them and on being so certified, quash the same so that conscionable justice may herein be administered;"

5. Mr. Dutta, learned Counsel appearing for the petitioner submitted that in terms of the Indian Electricity Act, 1910 (hereafte