SANTOSH AGARWAL Vs. CESC LIMITED

JUDGEMENT

(1.) The petitioner has preferred the instant writ petition challenging a provisional assessment made by the CESC Limited on the ground of unauthorised usage of the electric connection by the petitioner.

(2.) However, during pendency of the writ petition, the provisional assessment order merged into a final assessment order, which was passed subsequently. Since the provisions of Section 127 of the Electricity Act, 2003 (hereinafter referred to as "the 2003 Act") clearly stipulate that a remedy lies in an appeal against such order of provisional assessment, the learned advocate for the petitioner restricts his prayer to a re-connection being given upon payment by the petitioner of 50 per cent of the assessed final dues, during pendency of such appeal.

(3.) Learned counsel appearing for the CESC Limited opposes such contention and submits that, within the purview of the law, more specifically, Section 127 (2) of the 2003 Act, it is stipulated that no appeal against an order of assessment under sub-Section (1) of the said Section shall be entertained unless an amount equal to half of the assessed amount is deposited in cash or by way of bank draft with the licensee and documentary evidence of such deposit has been enclosed along with the appeal. It is argued that the writ petitioner, in the garb of a limited prayer, is seeking more than the final relief which could be granted in the writ petition itself.