PINAKI CHANDRA GHOSE,J. - (1.) Instead of taking the stay application, we have taken up the appeal and dispose of the same in the following manner:-
(2.) The appeal should be dismissed on the ground of suppression of material facts from the Court from annexing the annexure which was relied upon by the writ petitioner before the learned trial Court and in fact, they have not stated even with regard to admission so made by them by the letter which was addressed to the authority on 17th August, 2010. The said letter was addressed by the husband of the writ petitioner, who, in fact, was the user of the electricity at the said premises for the purpose of running a business. Such fact would not be evident from the said letter, which was addressed by Amal Krishna Dey, husband of the writ petitioner to the Station Manager of the respondent authorities.
(3.) It is also not in dispute that disconnection was made in August, 2010. It is also not in dispute that the provisional bills were raised and subsequent thereto, final bills have been drawn on the petitioner. Under the provision of law, the petitioner had a right to apply before the Appellate Authority challenging the said assessment which has been done in accordance with the provisions of law by the said authorities. Without doing so, the writ petitioner kept mum for a period of more than a year and came before this Court in filing such writ petition and asked for benefit in her favour.;