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2026 DAILYLAW 30463 (CAL)

CHHALAUDDIN MOLLYA v. STATE OF WEST BENGAL AND ORS.

WPA/16942/2026 · 2026-07-27

Om Narayan Rai

body2026

Judgment text

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C o u r t N . 2 2 S l 1 5 1 / C L 27.07.26 D/L Sl-07 Ct.07 (Samar) WPA 16942 of 2026 Chhalauddin Mollya Vs. The State of West Bengal & Ors. Mr. Abhijit Sarkar, Mr. Raja Biswas, …. for the petitioner. Mr. Sujit Sankar Koley, … for the WBSEDCL. 1. The writ petitioner assails final order of assessment dated June 23, 2026, passed under Section 126 of the Electricity Act, 2003. 2. A final order of assessment passed under the Electricity 2003 Act is appealable under Section 127 thereof. 3. Although, existence of an alternative remedy is not a bar to the exercise of writ jurisdiction under Article 226 of the Constitution of India yet, since there is no public element involved in the present writ petition and the writ petition does not show any extraordinary case warranting interference with under Article 226 of the Constitution of India, this writ petition is not entertained. 4. However, since the petitioner has approached this Court by filing the written within the period during which, an appeal would have been within time if the same was filed before the Appellate Authority under Section 127 of the 2003 Act, therefore, if the 2 petitioner files an appeal within period of 15(fifteen) days from date, upon compliance with all formalities including statutory pre deposit and payment of requisite fees, the said appeal will be entertained by the Appellate Authority and decided on merits. 5. It is made clear that this Court not gone into the merits of the writ petitioner case all points are left open to be urged before and decide by the Appellate Authority. 6. WPA 16942 of 2026 stands disposed of. There shall be no order as to costs. 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.)