NARAYAN CHANDRA KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS mandamus-appeal is at the instance of the writ-petitioner and is directed against a common judgment dated June 22, 2007 passed by a learned single Judge by which two different writ applications filed by the present appellant were disposed of. By the first writ application. The writ petitioner challenged the order dated 21st March, 2006 passed by the respondent thereby making a provisional assessment for payment of Rs. 2,85,406/- in terms of the Electricity Act, 2003 on the allegation of pilferage of electricity. and by the other one, the final order of assessment subsequently passed by the respondents was challenged.

(2.) AS a preliminary objection was raised on behalf of the respondents as regards maintainability of the present mandamus appeal on the ground that two different mandamus-appeals ought to have been preferred, we disposed of such preliminary point by directing the appellant to pay additional court fees for challenging orders passed in two writ-applications and the appellant has complied with such direction.

(3.) IT appears from record that on the allegation of theft of electricity the respondent authority disconnected supply of the appellant by taking aid of regulation 5. 00 of the West Bengal Electricity Regulatory Commission Regulations, 2003 and subsequently, passed a provisional order in terms of Section 126 of the Electricity Act, 2003, the respondents also started separate criminal proceedings in terms of Section 135 of the Electricity Act.