23.07.2026 Sl. No.: 43 Court No.7 BM WPA 16866 of 2026 MD HASIB VS CESC LIMITED AND ANR. Mr. Bidyut Kumar Halder Mr. Indranil Halder ... for the petitioner Mr. Debanjan Mukherjee ... for the CESC Ltd. 1. The petitioner seeks reconnection of the supply that has been disconnected on the ground of unauthorised use of electricity. 2. It is not in dispute that after the order of provisional assessment dated June 12, 2026 which has been impugned in the present writ petition, a final order of assessment under Section 126 of the Electricity Act, 2003 has also been passed by the Assessing Officer on July 3, 2026. 3. An order passed under Section 126 of the 2003 Act is appealable before the Appellate Authority under Section 127 thereof. 4. Although mere existence of alternative remedy is not a bar to the exercise of writ jurisdiction yet since there is neither any public law element involved in the matter nor any extraordinary case made out therefore, this writ petition is not entertained. The petitioner is left free to approach the Appellate Authority in accordance with law. 2 5. Insofar as the petitioner’s request for reconnection/restoration of electricity supply on payment of 50% of the assessed sum is concerned, no mandatory direction to such effect can be passed on this writ petition, all the more so, since the Final Order of Assessment stands untouched at the moment and the provisions of Regulation 6.4 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulation, 2013 and 3rd proviso to Section 135(1A) of the said Act, 2003, taken cumulatively indicate that reconnection can be done only upon payment of the assessed sum. 6. Mr. Halder places reliance on a Co-ordinate Bench decision of this Court in the case of Swapan Das vs. CESC Limited & Anr. (WPA 15778 of 2025) rendered on February 6, 2026 to assert that upon payment of 50% of the assessed sum electricity supply should be restored. The said judgement does not contain any such ratio or lay down the law to such effect. The said judgement only records that upon payment of 50% of the assessed sum electricity connection had been restored in in the case that was there before the Court. 7. The petitioner shall be free to make appropriate representation before the CESC Authority for the purpose of considering the petitioner’s request for restoration of supply upon payment of 50% of the finally assessed sum or upon payment of such other portion of 3 the finally assessed sum that the CESC authority may consider fit. The petitioner shall also be free to request for payment of the assessed sum by installments. 8. However, it is clarified that this order is not a mandate either to restore electricity on payment of 50% or to grant instalment. Such decision should be taken by the distribution licensee alone, in accordance with law. 9. Needless to mention that the petitioner shall be at liberty to approach the Appellate Authority in accordance with law. 10. With the above observations WPA 16866 of 2026 stands disposed of. 11. There shall be no order as to costs. ( Om Narayan Rai, J. )