- (1.) This writ application is directed against the provisional order of assessment dated November 21, 2011 and the final order of assessment dated December 7, 2011 passed by the competent authorities of the respondent No.1.
(2.) The fact of the case in a nutshell is as under:- The petitioner is a partnership firm having its office and factory at 27, P.C. Ghosh Road, Kolkata-700 048. His electricity connection in respect of consumer No. 460402 and meter Nos. 2885688/3312342 (hereinafter referred to as the said electricity connection) was disconnected on November 21, 2011. An order of provisional assessment was served upon the petitioner showing the cause of disconnection to the effect that the electricity had been supplied to a disconnected consumer from the said electricity connection. The First Information Report was also lodged with the concerned Police Station on that date. By virtue of the aforesaid order of provisional assessment the petitioner were given an opportunity to submit representation as also to avail of the opportunity of hearing. The petitioner did not submit any representation availing of such opportunity. Nor the petitioner availed of the opportunity of hearing. On December 7, 2011 the competent authority of the respondent No. 1 passed the final order of assessment. In the final order of assessment the competent authority of the respondent No.1 came to the conclusion that the petitioner had been indulging in unauthorized use of electricity by extending supply of energy to a disconnected consumer and the supply of two meter Nos. 3475019 and 3455541 were liable to be disconnected under Section 135(1e) of the Electricity Act, 2003 amended up-to-date read with Regulation 4.2 of the West Bengal Electricity Regulatory Commissioner (Electricity Supply Code) Regulations, 2007. It is submitted by Mr. Bidyut Mr. Haider, learned Advocate appearing on behalf of the petitioner that in accordance with the provisions of Section 127 of the Electricity Act, 2003 (hereinafter referred to as the said Act, 2003), the petitioner may prefer a statutory appeal against the final order of assessment. But the petitioner being an industry is in need of restoration of his electricity connection. According to Mr. Haider, there is no provision in the said Act, 2003 for restoration of the electricity supply to a disconnected line during the pendency of this appeal under the aforesaid provisions. It is also submitted by him that supply of electric energy is essential service. Mr. Haider submits that on a number of occasions different Division Benches of this High Court passed orders for reconnection of a disconnected line upon payment of 50% of the order of final assessment. He relies upon the decisions of Md. Taslimuddin v. CESC Limited & Ors. dated May 5, 2010 (In re: MAT 607 of 2010), Sharad Kumar Mukim v. CESC Limited & Ors., dated May 10, 2010 (In re: MAT 615 of 2010) and Md. Kasim v. CESC Limited & Ors., dated September 9, 2011 (In re: ASTA 426 of 2011) in support of his above submissions.
(3.) At the very outset, a preliminary objection is raised by Mr. Nilava Mitra, learned Advocate appearing on behalf of the respondents. According to him, the said Act, 2003 prescribes a complete code for dealing with a case of theft of electricity. According to him, Section 126 of the said Act, 2003 prescribes for passing an order of provisional assessment as also final order of assessment. It is also submitted by him that Section 127 of the said Act, 2003 provides for preferring a statutory appeal against any order passed under Section 126 of the said Act subject to the compliance of the conditions as prescribed under sub-section (ii) of Section 127 of the said Act, 2003. According to him, there is hardly any scope to entertain an application under Article 226 of the Constitution of India to entertain the challenge with regard to the order of provisional assessment or the order of final assessment passed under Section 126 of the said Act, 2003. According to him, Regulation 6.3 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2007 (hereinafter referred to as the said Regulations, 2007), prescribes for reconnection of a disconnected electricity line within 48 hours from the time of payment of assessed amount. According to him, there is no scope forgiving direction upon the respondent authority to reconnect the electricity connection to a consumer ignoring the aforesaid provisions.;