UMASHANKAR GUPTA Vs. CESC LIMITED

JUDGEMENT

(1.) Questioning the sustainability of the order dated March 14, 2007 passed by the appellate authority in an appeal preferred as the instance of the petitioner under Sec. 127 of the Electricity Act, 2003 to assail the final order of assessment dtd. 23/2/2007 passed by the Assessing Officer-IV and seeking a direction upon the concerned respondents to rescind, cancel and forbear from giving effect to the provisional assessment, final assessment and the order of the appellate authority, the instant writ petition has been preferred.

(2.) The essential facts that are required to be adumbrated for effective adjudication in this writ petition are that for running a 'Dal Mill' set up at the premises located at 2, Canal East Road, Police Station-Ultadanga, Kolkata ' 700067, the petitioner had been consuming electricity from the respondent no. 1 being the Calcutta Electric Supply Corporation (In short 'CESC') and for the supply of electricity, two meters were installed in the mill. On 11/3/2004, an inspection team of CESC entered into the premises of the petitioner and inspected the electric meters, other equipment and gadgets On such inspection, the assessing officer came to a conclusion that the petitioner was indulging in unauthorized use of electricity and accordingly, he provisionally assessed the electricity charges payable by the petitioners at Rs.3,83,790.00 and electric supply to the mill was disconnected. The order of provisional assessment dtd. 11/3/2004 was served upon the petitioner with a request to submit written objection to the said provisional assessment. Upon receipt of such provisional assessment, the petitioner submitted written objection.

(3.) Challenging the provisional assessment, the petitioner preferred a writ petition being W.P. no. 4423 (W) of 2004 which was disposed of by the Hon'ble Coordinate Bench of this Court vide. order dtd. 22/3/2004 directing the men of the CESC to remove the meters during the office hours in the presence of the petitioner's representative and to put the meters in a sealed cover for onward transmission of the same to the Director, School of Materials Science and Engineering, Bengal Engineering College, Shibpur, Howrah. The said Director was asked to submit a report on getting the meters examined from the engineering department. The petitioner was given liberty to deposit a sum of Rs.1,90,000.00 towards unmetered consumption and Rs.6,000.00 towards the cost of meter and reconnection charges and upon deposition of aforesaid amounts, the CESC was directed to restore electric connection in the petitioner's premises.