- (1.) THIS is an application challenging the notice of disconnection dated 13. 12. 2006 and the demand dated 16. 12. 2006.
(2.) PETITIONER's Case 2. 1 The case of the petitioner is that on 13. 12. 2006 at 4 a. m. a notice of disconnection was issued under Regulation 5. 2 of the West Bengal Electricity regulatory Commission (Supply Code) Regulations, 2004. A copy of the said notice was handed over to the petitioner's representative and on the basis thereof a provisional order of assessment for Rs. 64,33,853/- was issued to the petitioner on 16. 12. 06. The said notice of disconnection and provisional order of assessment have been challenged in the instant writ petition and pursuant to order dated 9. 1. 07 the petitioner was directed to deposit 50% of the amount due. From the said order an appeal was filed by the petitioner. The petitioner was directed to make payment and pursuant to orders of the Appeal Court 50% of the amount provisionally assessed has been paid in instalments and connection restored to the petitioner's factory. 2. 2 The ground on which the notice of disconnection was challenged is that without waiting for the expiry of 24 hourse as stipulated in the notice dated 13. 12. 2006, disconnection was made immediately upon service of notice and thereafter the provisional order of assessment served on the petitioner. The last reading taken was on 24. 11. 06 and between 24. 11. 06 to 13. 12. 2006 there was no question of any theft of electricity or tampering with the meter and equipments. Therefore the provisional order of assessment and notice of disconnection are bad and liable to be set aside. Regulation 5. 2. 1 and 6. 05. 1 have not been complied with by the respondent authorities and therefore the said notice dated 13. 12. 06 and provisional order of assessment be set aside.
(3.) RESPONDENTS' Case 3. 1 Counsel for the respondent authorities submits that the provisional order of assessment was served on the petitioner on 16. 12. 06 and provides for an objection to be filed. As no objection was filed, the final order of assessment has been passed on 22nd May, 2007. Regulation 5. 3. 3 empowers the authorities to disconnect in emergent cases without notice and the procedure accordingly has been followed. Pursuant to orders of this Hon'ble Court and on receipt of 50% of the billed amount the supply has been restored. 3. 2 All procedures of the 2003 Act and Regulation, 2004 relating to the supply Code have been followed in the instant case. The Inspection Team headed by the Superintending Engineer visited the petitioner's factory premises on 12. 12. 06 at 9. 30 p. m. and on inspection it was detected that the petitioner had tampered with the metering equipments and thereafter an inspection report was prepared. The articles were seized and a 'seizure List' was prepared. Subsequently, a First Information Report was also lodged with the concerned police station and the notice of disconnection was issued. The contractual load as per agreement between the petitioner and the licensing company is for supply of 124 KVA. At the time of inspection it was found that the petitioner was consuming a load of 330 KVA, far in excess of the contractual load. The inspection was made in the presence of the Superintending Engineer and therefore the question of submitting a report within 24 hours of disconnection as per regulation 5. 3. 3 was not required. The final order of assessment has been passed and the petitioner has an efficacious alternative remedy and therefore this writ petition ought not to be entertained.;