Authority: Calcutta High Court (Bench of Shampa Sarkar, J. & Arjun Ray Mukherjee, J.)

Order Date: 14 October 2026

Case Overview

  • Parties: Appellant – CESC Limited; Respondents – Smt. Sutapa Nath & Anr.
  • Proceedings: Writ Petition (MAT 1782 of 2026) challenging an interim order dated 28 September 2026 (WPA 26103 of 2026) that directed restoration of electricity supply upon payment of 50% of the finally assessed amount.
  • Background: Supply had been disconnected due to alleged theft of electricity. The final assessment order was passed on 21 September 2026, granting the appellant liberty to appeal under Section 127 of the Electricity Act, 2003.
  • Legal Provisions Cited:
  • Section 135(1A) of the Electricity Act, 2003, which mandates disconnection on detection of theft and restoration only after deposit or payment of the entire assessed amount, with restoration to occur within 48 hours of such payment.
  • Regulation 6.3 of West Bengal Electricity Regulatory Commission (WBERC) Regulations, 2013 (dated 7 August 2013) requiring reconnection within 48 hours of payment of the assessed amount.
  • Regulation 6.4, which further specifies that on payment of provisional or final bill, reconnection shall be done within 48 hours.
  • Arguments:
  • CESC Limited (advocated by Mr. Dr. Madhusudan Saha Roy & Mr. Debanjan Mukherjee) argued that restoration on 50% payment contravenes the statutory provision and cited Division Bench judgments (MAT 510 of 2026, FMA 197 of 2022) and a Full Bench decision (Prabhat Pan vs State of West Bengal, 2015 (2) CHN (CAL) 185) to assert that the Single Judge’s order was per incuriam.
  • Respondent (Petitioner) (advocated by Mr. Bidyut Kumar Halder, Mr. Indranil Halder, Ms. Neha Singh) relied on three Division Bench decisions (MAT 553 of 2013, MAT 1784 of 2016, MAT 607 of 2010) that permitted reconnection upon payment of 50% of the assessed amount, with the balance payable pending the appeal outcome.
  • Court’s Reasoning:
  • The Court rejected the petitioner’s reliance on the Division Bench decisions, noting that none applied the statutory provision, lacked a ratio, and did not consider the legal proposition.
  • The Court affirmed the correctness of the Division Bench judgments in FMA 197 of 2022 and MAT 510 of 2023, which held that under Section 135(1A) and the relevant regulations, reconnection is permissible only after payment of the full assessed amount, not merely 50%.
  • The Court quoted the Full Bench decision in Md. Iftekhar vs CESC Limited emphasizing that the Court cannot rewrite the law and that the consumer may seek reconnection only upon deposit of the finally assessed amount.

Final Outcome

  • The interim order directing restoration of supply on payment of 50% of the assessed amount is set aside.
  • CESC Limited is directed to restore supply within 48 hours of receiving the payment of reconnection charges and the Rs 1,28,935.50 (which represents 50% of the assessed amount).
  • The remaining 50% of the assessed amount shall be paid in four equal monthly instalments:

1. First instalment payable with the current bill in November 2026.

2. Subsequent instalments payable each month thereafter until full liquidation.

3. Any fractional amount will be added to the last instalment.

  • In case of failure to pay any instalment, CESC Limited shall disconnect the supply.
  • The appeal and the application are disposed of.
  • An urgent photostat certified copy of the order may be issued upon compliance with formalities.

Topics: Electricity Supply Restoration, Legal Judgment