NOOR ALI Vs. CESC LIMITED

JUDGEMENT

(1.) This intra court appeal is directed against the order dtd. 3/4/2023 in WPA No. 7850 of 2016 filed by the first respondent CESC Limited. The writ petition was allowed and the order passed by the appellate authority dtd. 8/2/2016 was set aside.

(2.) We have heard Mr. Tarique Quasimuddin assisted by Mr. Abbas Ibrahim Khan, learned advocates for the appellants and Mr. Subir Sanyal assisted by Mr. Om Narayan Rai and Mr. Debanjan Mukherje, learned advocates for the CESC Limited.

(3.) The first respondent CESC Limited proceeded against the appellant for unauthorized extension of electricity in respect of the premises bearing no. 116/H/5, M.G. Road. The appellant contended that they are mere tenants in a small portion of the building and it has many other tenants who are occupying the building premises at no. 116/H/1, M.G Road, Kolkata-700001. The order of provisional assessment was passed on 13/10/2015 stating that the first respondent has come to the conclusion that the unauthorized use of electricity was discovered as direct connection was found from the service cut-out of premises no. 116/M.G. Road and the unauthorizedly abstracted supply was being used at premises no. 116/H/1, M.G. Road and the appellant are the beneficiaries. The details of dehooking drives and the inspection report which was drawn was appended to the provisional assessment order and the appellants were granted liberty to make their submissions.