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2026 DAILYLAW 29895 (CAL)

ALOKE BHUNIYA AND ANR v. CESC LIMITED AND ANR

WPA/13808/2025 · 2026-07-22

Om Narayan Rai

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22.07.2026 Item No.14 (DL) Court No.7 (Susanta) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 13808 of 2025 < Sri Aloke Bhuniya & Anr. -Vs- CESC Limited & Anr. Mr. Bidyut Kr. Halder, Mr. Indranil Halder, Ms. Neha Singh …..for the petitioners. Mr. Suman Ghosh, Mr. Ayush Sharma, ……for the CESC. 1. The petitioners assail an order of provisional assessment dated May, 21, 2025 passed by the Assessing Officer under Section 126 of the Electricity Act, 2003. 2. It is apparent from the earlier order dated June 26, 2025 passed by a Co-ordinate Bench of this Court that a final order of assessment was also passed prior to the institution of the writ petition. A final order of assessment under Section 126 of the Electricity Act, 2003 is appealable before the appellate authority under Section 127 of the Electricity Act, 2003. 3. Although alternative remedy is not a bar, yet since neither any public element is involved in this writ petition nor any 2 extraordinary case has been made out, therefore this writ petition is not entertained. 4. W.P.A. 13808 of 2025 is disposed of leaving the petitioner free to approach the appellate authority under Section 127 of the Electricity Act, 2003 in accordance with law. 5. Since the writ petition has been instituted within the period during which an appeal, if filed before the appellate authority would have been within time and hence maintainable, therefore, it is ordered that if such appeal is filed before the appellate authority within a week from date, the appellate authority would entertain it and decide the same on merit. 6. Report field by the CESC authority is taken on record. 7. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Om Narayan Rai, J.)