Authority: Calcutta High Court (Constitutional Writ Jurisdiction)

Order Date: 12 November 2026

Case Overview

  • Petitioners: Lakshmi Narayan Shaw & Ors. (represented by advocates Bidyut Kr. Halder, Indranil Halder, Neha Singh) vs. Respondent: CESC Limited (represented by Dr. Madhusudan Saha Ray).
  • Writ petition (W.P.A. No. 27580 of 2026) sought restoration of electricity connection after disconnection for alleged theft; petitioner challenged final assessment order dated 07‑09‑2026 for Rs 6,75,841.
  • Petitioner's argument relied on earlier High Court orders allowing reconnection upon payment of 50% of assessed amount.
  • Respondent argued that Section 135(1A) third proviso and related case law (Santosh Agarwal, etc.) require full payment of the assessed amount for reconnection; also noted statutory limitation period for appeal had expired.

Final Outcome

  • Court held that reconnection under Section 135(1A) is mandatory only after full payment of the finally assessed amount; 50% payment is insufficient.
  • However, considering petitioner’s financial difficulty, Court permitted payment in three installments: 50% in the first month, 25% in each of the next two months.
  • Directions:

1. Petitioner to deposit the assessed amount (Rs 6,75,841) either in full or in the stipulated 50:25:25% instalment schedule starting from the judgment date.

2. CESC to accept the instalments as per the schedule.

3. CESC must restore electricity within 48 hours of receipt of the first 50% instalment (or full amount).

4. If petitioner defaults on subsequent instalments, CESC may take legal action.

5. After reconnection, petitioner must pay regular electricity bills; any default will permit CESC to act per law.

  • The writ petition is disposed with the above directions; any pending applications are also dismissed.

Topics: Electricity Theft Reconnection, Statutory Interpretation