Bhaskar Bhattacharya, ACJ:

This mandamus-appeal is at the instance of the unsuccessful writ petitioners and is directed against an order dated 14th September, 2009 passed by a learned Single Judge of this Court thereby dismissing the writ-application filed by the appellants by affirming the final order of assessment passed under Section 126(6) of the Electricity Act, 2003.

Being dissatisfied, the writ-petitioners have come up with the present appeal.

There is no dispute that the West Bengal State Electricity Distribution Company Limited (hereinafter referred to as the Electric Company) disconnected the supply of the writ-petitioners from the meter meant for domestic supply on the allegation that the writ-petitioners were illegally using the electricity through the said domestic connection for commercial purpose of running a nursing home situated in the same building, although, there is a separate meter for commercial purpose for running the said nursing home.

Subsequently, a proceeding under Section 126 of the Electricity Act, 2003 was initiated and the competent authority has made final assessment of Rs.1,94,452/-.

Being dissatisfied, the writ-petitioners preferred a