The allegations of theft and/or pilferage cannot be decided by the C.E.S.C. authority unless it is adjudicated by the competent authority.

S.Chatterji, J.

1. THE writ petitioner, who is a consumer of electricity bearing Consumer No. 15010113017 and meter No. 1169603, has prayed, inter alia (a) Writ in the nature of Mandamus commanding the respondents to restore the electricity to the premises of the petitioner forthwith and not to deal with the meter which has unlawfully been taken possession of on 27.2.1992, by the respondents, from the premises of the petitioner i.e. Meter No. 1169603 (b) Writ in the nature of Certiorari directing the respondents to produce all records relating to the present case before this Hon'ble Court and upon perusal of records and cause, if any shown, conscionable justice may be rendered to the petitioner by issuance of appropriate writ, order or orders for restoration of electricity connection to the premises of the petitioner. (c) Rule in terms of prayers (a) and (b) above. (d) Interim order directing the respondents to restore the electricity forthwith in the premises of the petitioner being 7/5, Burdwan Road, P.S. Behala, Calcutta-7110027 and (f) to pass such other order or orders.

2. IT is contended that all on a sudden by letter dt. 21.2.92 the respondent No. 2, Senior Commercial Executive, South West Regional Office of CE.S.C. Ltd. informed the petitioner that an inspection was carried out at the above premises when it was observed that no load was connected against the said meter and asked the petitioner to submit a reply within 15 days as to whether the said meter is any longer required by him. Since the petitioner was taking step to reply to the letter the respondent No. 3 along with one Mr. Das of Vigilance Department of CE.S.C. Ltd. disconnected the supply of electricity and removed the meter on 27.2.92 at 3-30 p.m. After receiving the message of disconnection of electricity and removal of the meter the petitioner lodged an F.I.R. with the Alipore Police Station. The allegations of the petitioner are that the respondents have acted arbitrarily and mala fide by removing the meter of the petitioner and disconnecting the electricity in the most highhanded manner. IT is urged that the Indian Electricity Act, 1910 does not permit the respondents to remove the meter or disconnect the electricity at the petitioner's premises without any notice to the petitioner. Stating all these facts the petitioner has sought for the reliefs as indicated above. The writ petition was entertained and upon hearing both sides an interim order was made to restore supply on certain conditions of making payments.

3. THE writ petition is opposed by the respondent C.E.S.C. by filing a comprehensive affidavit-in-opposition. It is stated that there is an overhead bare conductor street lighting line running North-South along the West footpath of the main Burdwan Road. THE petitioner's premises is situated on the West of cut-de-sac with its main entrance on the west footpath. THE premises is often let out for wedding, reception parties and other festivities. Complaints have been received from several persons over telephone that there was large-scale pilferage of electricity mainly from the overhead Street lighting lines during such festivities. An inspection was carried out at the site on 21st February, 1992 immediately on receipt of such a complaint after some festivities held on 19/20th February, 1992. During the inspection it was observed that the contractor had already removed all electrical fittings and decorations. THE total connected load was such that had those been connected to the meters misting at the premises the meters would have been burnt due to severe overloading. Since the respondent No. 1 could not detect the actual pilferage at the time of inspection, the respondent No. 1 addressed a letter requesting them to ensure that there was no occurrence of alleged pilferage of electricity and unauthorised use of power. During such inspection it was also observed that there was no electrical load connected to the meter No. 1169603, which was co