NAKIBUDDIN SK Vs. STATE OF WEST BENGAL AND ORS
LAWS(CAL)-2012-2-141
HIGH COURT OF CALCUTTA
Decided on February 29,2012

NAKIBUDDIN SK Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

- (1.) The petitioner in this WP under art.226 dated June 15, 2010 is questioning an order dated September 24, 2009 (at p.17) of the appellate authority of West Bengal State Electricity Transmission Company Limited under s.127 of the Electricity Act, 2003.
(2.) Making an allegation of theft of electricity the assessing officer of the Company initiated proceedings under s.126 of the Act. The officer passed the final order dated July 13, 2009 determining the petitioner's liability for unauthorised use of electricity. Feeling aggrieved, the petitioner filed an appeal under s.127 of the Act. By the impugned order the appellate authority has turned down the appeal.
(3.) Relevant part of the impugned order dated September 24, 2009 is quoted below: "After hearing of both parties on 22.09.09 and checking of the documents submitted by both parties, I appears that the Final Assessment Bill need not to be revised. On going through the documents it is found that during final hearing the respondent have already minimized the working hours from 14 hours to 8 hours which is reasonable, valid and not fictitious. Moreover it is also mentionable that the petitioner has admitted that a theft was committed on his premises. So the theft of electricity is proved. The Respondent is directed to reconnect the line within 48 hours after payment of the remaining dues of the Final assessment bill subject to availability of the Meter." ;


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