Arindam Mukherjee, J. - (1.) This appeal being MAT No. 341 of 2019(Md. Subhan vs. The State of West Bengal &Ors.) is at the instance of Md. Subhan, the writ petitioner. The appellant/writ petitioner has challenged the final order dated 29th October, 2018 passed by the Assessing Officer, under the Electricity Act, 2003 (hereinafter referred to as the said 'Act'). The writ petition was disposed of by an order dated 20th February, 2019, the relevant portion whereof is set out hereunder:- "After having heard the parties in detail, I am of the view that there are disputed questions of fact in the instant matter which cannot be gone into by the writ court and hence, the best available remedy for the petitioner is to prefer an appeal before the Appellate Authority under Section 127 of the Electricity Act, 2003. Since the Statute provides for 50% of the assessed value of deemed cohsumption of electricity to be paid as pre-condition of the appeal which comes to Rs. 2,40,000/- (approximately), the petitioner shall be entitled to prefer an appeal by depositing a sum of Rs. 1,75,000/- on her undertaking that she will put in the balance 50% including any further amount, as may be decided by the Appellate Authority in its final order. It is made clear that in the event, the petitioner prefers an appeal within a period of ten days from the date, the Appellate Authority upon receipt of a sum of Rs. 1,75,000/- shall consider the appeal and dispose of the same in accordance with law within a period of 15 days thereafter. The petitioner shall not be granted any adjournment by the Appellate Authority. With the aforesaid direction, the instant writ application stands disposed of. There will be, however, no order as to costs." The writ petitioner assails the said order in this appeal.
(2.) Cesc Limited, the licensee and two of its officers who are the respondents in the writ petition have also preferred a separate appeal challenging a portion of the self same order dated 20th February, 2019 by and under which the learned Judge has allowed Md. Subhan to file an appeal under the provisions of Section 127 of the said Act by depositing less than 50% of the amount provisionally assessed by the Assessing Officer.
(3.) Since both the appeals arise out of the same order by consent of parties the two appeals are heard together and is disposed of by a common order.;