JUDGMENT :

HIRANMAY BHATTACHARYYA, J.

1. This intra court mandamus appeal is at the instance of the writ petitioner and is directed against an order dated April 11, 2023 passed by a learned Single Judge in WPA 7401 of 2023 dismissing the writ petition with cost.

2. The writ petitioner/ appellant claims to be the owner of premises no. 66/1 Chowringhee Road, Kolkata- 700020 and in a portion of such premises the 3rd respondent is running an eatery under the name and style of “Tibetan Delight”. The appellant alleges that 3rd respondent has been drawing electricity illegally from premises no. 67 Chowringhee Road to the premises no. 66/1 Chowringhee Road wherefrom the business of eatery is being carried on. The appellant approached the writ court praying for issuance of a writ of mandamus to direct the respondent licensing company to immediately disconnect the new metered connection effected in favour of the 3rd respondent. The appellant also challenged the assessment made by the Assessing Officer under the provisions of Section 126 read with 135 of the Electricity Act 2003 (for short “the 2003 Act”) alleging that there has been an under assessment of unauthorised use of electricity.

3. The