JUDGEMENT
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(1.) The writ petitioner invoking Article 226 of the Constitution moved this writ
application on October 4, 2007 challenging an order passed on April 3, 2004 by
the respondent no. 4, the Assistant Engineer, Mathabhanga, West Bengal State
Electricity Board, Coochbehar being Annexure 'P-5' to this writ application.
(2.) Having gone through the order impugned, I find, on a prayer made
by the petitioner for compounding of the offence arising out of pilferage and theft
of electricity, vide its letter dated March 24, 2004 the respondent authority
directed him to deposit Rs. 42,510/- after deducting a sum of Rs. 21,567/- (already paid) as the assessed amount and Rs. 2,40,000/- to be paid as a sum of
money for compounding the offence.
(3.) The relief sought for amongst other are as follows;
(a) A writ in the nature of Mandamus commanding the
respondent, their men, agent, subordinates and each one of them particularly the
Station Superintendent to restore the electric supply to the paddy husking mill
installed at the premises situated at Chhotosalbari Pancherhat P. S. Sitalkuchi,
District Coochbehar immediately on the ground that the petitioner has already
deposited the default amount in the year 2004 towards arrear bills.
(b) A writ in the nature of Mandamus commanding the respondent
their men, agent, subordinates and each one of them to withdraw, cancel,
rescind and/or take back the impugned provisional assessment bills of Rs.
27,057/- and further amount of Rs. 2,82,510/- assessed by the Divisional
Engineer particularly when those have been prepared in absence of petitioner at
the time of preparation are violative of provisions of West Bengal Electricity
Regulation Commission.
(c) Issue a writ in the nature of Mandamus commanding the
respondents their men, agent, subordinates and each one of them to forthwith
refund the amount of Rs. 21,567/- with interest as on date which was illegally
collected from the family members of the writ petitioner.
(d) Issue a writ in the nature of prohibition prohibiting the
respondents, their men, agent and subordinates and each one of them from
giving effect or further effect to the impugned provisional bills dated 27.2.04, 17.3.2004 and 3.4.2004 amounting to Rs. 27,057/-, Rs. 21,567/- and Rs.
2,82,510/- respectively till disposal of the writ petition.
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