1. AT the time of hearing of the application for stay of the order impugned, we have heard out the appeal itself by treating it as on day's list as the appeal can be disposed of on pure questions of law.

2. THIS appeal is at the instance of Calcutta Electric Supply Corporation Ltd (CESC) and is directed against an order dated 3rd November, 2010 passed by a learned Single Judge of this Court during annual vacation by which His Lordship directed restoration of supply of electricity in favour of the writ- petitioners within 48 hours of depositing a sum of Rs.3,00,000/- without prejudice to the rights and contentions of the parties. His Lordship further directed that the application should be listed on 9th November, 2010 before regular Bench when further interim orders might be prayed for.

3. BEING dissatisfied, the CESC has come up with the present mandamus appeal.

4. IT appears from record that on the allegation of pilferage of electricity the electric connection of the writ petitioners was disconnected and subsequently, a proceeding was initiated for assessment of the unauthorized user of electricity. Initially, a preliminary order was passed directing the writ-petitioners t