- (1.) THE Judgment of the Court was as follows: The Court : This WP under Article 226 dated December 7, 2011 has been filed seeking the following principal relief. "(b) A writ of or in the nature of Mandamus be issued directing the respondents to show cause as to why order of provisional bill dated 12.11.2004 (Annexure 'P/6') as well as order of final assessment dated 29.07.2010 (Annexure 'P/8') shall may be set aside and/or quashed in view of judgment and order dated 30.08.2011 passed by learned Electricity Judge in Electric Case No.58 of 2009;"
(2.) ALLEGING theft of energy West Bengal State Electricity Board disconnected supply of electricity to the premises in question on November 9, 2004. The civil liability of the person responsible was provisionally determined under section 126 of the Electricity Act. 2003. By a letter dated November 12, 2004 (at p.54) notice of provisional assessment was given to the petitioner. Feeling aggrieved, the petitioner moved a before this Court under Article 226. By an order dated November 18, 2004 (at p.57) the WP was disposed of saying that on payment of 25% of the provisionally assessed amount the supply would be reconnected, and that the assessing officer would pass the order of final assessment. The order of final assessment was passed on July 29, 2010 The petitioner did not appeal against the final order. On November 28, 2011 the licensee disconnected the supply (see para.15) alleging non-payment of the balance of the assessed amount. The criminal case that was simultaneously initiated for commission of offence under section 135 of the Electricity Act, 2003 ended in an acquittal. The Criminal Court passed the order on August 30, 2011
(3.) NOW questioning the orders of provisional and final assessment and the disconnection, and seeking an order directing unconditional reconnection of the supply, this WP has been filed. Mr Tewari appearing for the petitioner has submitted that the order of the assessing officer passed beyond the statutory period mentioned in sub-section (3) of section 126 is illegal, and that, in any case, the acquittal has entitled the petitioner to an unconditional reconnection of the supply, for the Criminal Court has ultimately given the petitioner a clean sheet.;