- (1.) The petitioners in this WP under art.226 dated October 11, 2004 are questioning an order of final assessment dated September 16, 2004 (WP p.51) passed by an assessing officer of CESC.
(2.) CESC was giving supply of electricity to the petitioners. The Loss Control Cell of CESC inspected the premises on August 12, 2002. The supply was disconnected on August 12, 2002 on the grounds that the Loss Control Cell detected pilferage of electricity. An FIR was lodged. The provisions of the Indian Electricity Act, 1910 and the Conditions of Supply were applicable to the case.
(3.) After disconnecting the supply, the officer authorized by CESC issued a notice dated August 12, 2002 under sub-cl.(c) of cl.29 of the Conditions of Supply. The petitioner was given opprotunity to make representation, if any, against the disconnection and the proposed assessment of the energy pilfered and the quantity of electricity contained therein. The petitioners questioned the notice dated August 12, 2002 by filing a WP No.1744 of 2002 in this Court under art.226. By an interlocutory order dated August 27, 2002 this Court directed reconnection of the supply on payment of 50% of the provisionally assessed amounts, reconnection charge and meter replacement cost; and directed CESC to remove the meters, send them for testing, collect the report and produce it before the authority concerned for assessment. Counsel for the petitioners has submitted that the WP No.1744 of 2002 was dismissed for non-appearance of the petitioners on May 19, 2009.;