JUDGMENT :

Sabyasachi Bhattacharyya, J :

1. The writ petitioner is a consumer of electricity under the West Bengal State Electricity Distribution Company Limited (WBSEDCL). The petitioner runs a husking mill. An allegation of theft was made against the petitioner and a proceeding initiated under Section 135(1)(b) and (c) of the Electricity Act, 2003 (hereinafter referred to as, “the 2003 Act”).

2. The WBSEDCL also made a provisional order of assessment under Section 126 of the 2003 Act to the tune of Rs.2,78,369/-. The petitioner obtained anticipatory bail from a co-ordinate bench of this Court on August 23, 2006 on condition of deposit of 1/4th of the provisional bill amount dated July 8, 2006.

3. Challenging the said provisional assessment bill dated July 8, 2006, the present writ petition was filed.

4. During pendency of the writ petition, an order of acquittal was passed in favour of the petitioner in connection with the criminal case under Section 135 of the 2003 Act.

5. The petitioner filed CAN 11378 of 2012 (subsequently renumbered as CAN 2 of 2012). In the said application, it was pointed out that the petitioner had applied for reconnection of electricity upon acquittal.

6. Howeve