- (1.) The petitioners in this WP under art.226 dated April 19, 2005 are questioning a claim made by CESC in its letter dated April 7, 2005 (WP p.27). The relevant parts of the letter dated April 7, 2005 are quoted below:- "We refer to the Final Order of Assessment dated 10/-4/2002, which was duly sent to you. From our records, we regret to observe that the said order has not yet been complied with. Further our records do not reveal that you have appealed before the Appellate Authority against the Final Order of Assessment within the stipulated time. The sum of Rs.96080.05, being the balance amount for un-metered consumption payable you, in terms of the order dated 20/07/2002, is shown as outstanding against your name. If you have however paid the abovementioned sum we would request you to kindly get in touch with the office within 10 days with proof of payment, failing which, action will be taken for recovery of the same in accordance with law."
(2.) CESC was supplying electricity to a firm called M/s. Jaiswal Pipe Company that was running its factory from 30/H/1 Canal East Road, Kolkata 700 011. To the relationship the provisions of the Indian Electricity Act, 1910 and the Conditions of Supply sanctioned by the State Government were applicable. An officer authorized by CESC disconnected the supply on June 18, 2001 on the grounds that he had reason to believe that the firm was guilty of pilferage of electricity.
(3.) Questioning the disconnection Nirmal and his son Indrajit, the two partners in the firm, filed a WP No. 1235 of 2001 in this Court under art. 226. By an order dated February 1, 2002 the WP was disposed of saying that Nirmal and Indrajit would be entitled to make a comprehensive representation, and that the authority concerned would dispose of the representation by a reasoned order.;