GRAVIOUR PRINTING INDUSTRIES Vs. CESC LIMITED

JUDGEMENT

(1.) This writ application is directed against the provisional order of assessment dated November 21, 2011 and the final order of assessment dated December 7, 2011 passed by the competent authorities of the respondent No.1.

(2.) The fact of the case in a nutshell is as under:-

(3.) At the very outset, a preliminary objection is raised by Mr. Nilava Mitra, learned Advocate appearing on behalf of the respondents. According to him, the said Act, 2003 prescribes a complete code for dealing with a case of theft of electricity. According to him, Section 126 of the said Act, 2003 prescribes for passing an order of provisional assessment as also final order of assessment. It is also submitted by him that Section 127 of the said Act, 2003 provides for preferring a statutory appeal against any order passed under Section 126 of the said Act subject to the compliance of the conditions as prescribed under sub-section (ii) of Section 127 of the said Act, 2003. According to him, there is hardly any scope to entertain an application under Article 226 of the Constitution of India to entertain the challenge with regard to the order of provisional assessment or the order of final assessment passed under Section 126 of the said Act, 2003. According to him, Regulation 6.3 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2007 (hereinafter referred to as the said Regulations, 2007), prescribes for reconnection of a disconnected electricity line within 48 hours from the time of payment of assessed amount. According to him, there is no scope forgiving direction upon the respondent authority to reconnect the electricity connection to a consumer ignoring the aforesaid provisions.