GOPAL KHATICK Vs. CHAIRMAN CESC LIMITED

JUDGEMENT

(1.) The petitioner in this WP under art.226 dated January 24, 2006 is seeking the following principal relief:-

(2.) As a licensee under the Electricity Act, 2003 CESC was supplying electricity to one Sri Madan M Khatick at 104 Christopher Road, Kolkata 700 046. An authorised officer of CESC gave him a disconnection notice dated August 16, 2005 alleging that inspection of the service installation and metering system in the premises on August 16, 2005 revealed unauthorised use of electricity. It was mentioned that someone had tampered with the body seal and T.P. seal.

(3.) Saying that after perusing the records available with him, he had come to the conclusion that Madan had been indulging in unauthorised use of electricity, an assessing office of CESC passed an order of provisional assessment dated August 16, 2005. The order was passed under s.126(1) of the Electricity Act, 2003. An objection to the order of provisional assessment dated August 24, 2005 signed by the petitioner was submitted to the assessing officer. It was asserted that the allegation of unauthorised use of electricity was baseless.