LAWS(CAL)-2022-5-128

SEBI AND CO. Vs. CESC LIMITED

Decided On May 13, 2022
Sebi And Co. Appellant
V/S
CESC LIMITED Respondents

JUDGEMENT

(1.) The appellant/writ petitioner is aggrieved with the order of the learned Single Judge dated 18th of June, 2021 whereby WPO 210 of 2021 has been dismissed.

(2.) The appellants had approached writ Court with the plea that the electricity meters in question were installed in their premises and they were regularly paying the bill but suddenly the respondent electricity authorities on 21st of October, 2020 had issued notice of inspection and thereafter the electricity supply was illegally disconnected and the provisional order of assessment was passed on 21st of October, 2020. Thereafter the notice of hearing dated 9th of November, 2020 was issued, hence the appellants had filed the writ petition challenging the communication dated 21st of October, 2020 (Annexure-"P/4"), provisional assessment order (Annexure"P/3") and the Inspection Report (Annexure-"P/8").

(3.) Learned Single Judge has examined the arguments advanced by the learned Counsel for the appellants and has found that it was a case of theft of electricity and there was tampering of the body seals of the meter and the final order of assessment was passed on 17th of November, 2020 which was duly communicated to the appellants with acknowledgment on 21st of November, 2020 and learned Single Judge has also noted that the earlier two writ petitions filed by the appellants were dismissed as withdrawn and no leave to file a fresh petition was sought. Hence, the writ petition has been dismissed with cost.