LAWS(CAL)-2012-7-305

ARJUNDAS GOENKA TRUST Vs. CESC LIMITED & ORS

Decided On July 31, 2012
ARJUNDAS GOENKA TRUST Appellant
V/S
CESC LIMITED And ORS Respondents

JUDGEMENT

(1.) The petitioner in this WP under art.226 dated October 11, 2004 is questioning an order of final assessment dated July 5, 2004 (WP p.36) passed by an assessing officer of CESC.

(2.) CESC was giving supply of electricity to the petitioner. Loss Control Cell of CESC inspected the premises on January 29, 2003. The supply was disconnected on January 29, 2003 on the grounds that the Loss Control Cell detected pilferage of electricity. An FIR was lodged. The provisions of the Indian Electricity Act, 1910 and the conditions of Supply were applicable to the case.

(3.) After disconnecting the supply, the officer authorized by CESC issued a notice dated January 29, 2003 under sub-cl.(c) of cl.29 of the Conditions of Supply. The petitioner was given 21 days to make representation, if any, against the disconnection and the proposed assessment of the energy pilfered and the quantity of electricity contained therein. The notice dated January 29, 2003 was challenged by the petitioner by filing a WP No.451 of 2003 before this Court under art.226. By an interlocutory order dated March 31, 2003 this Court directed reconnection of the supply on payment of Rs.7,000, reconnection charge and meter replacement cost; and directed CESC to remove the meter and produce it before the authority concerned for assessment. It was mentioned that if the petitioner was aggrieved by the orders of the assessing authority, then it would be free to appeal according to cl.30 of the Conditions of Supply.