Extracted from the PDF above. The PDF is authoritative.
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27.07.26 D/L Sl-09 Ct.07 (Samar)
WPA 16948 of 2026
Julfikkar Molla Vs. The State of West Bengal & Ors.
Mr. Abhijit Sarkar,
Mr. Raja Biswas, …. for the petitioner.
Mr. Srijan Nayak,
Ms. Rituparna Maitra,
… for the WBSEDCL.
1. The writ petitioner assails an order of provisional assessment dated June 11, 2026 passed under Section 126 of the Electricity Act, 2003.
2. Mr. Nayak, learned advocate appearing for the respondent WBSEDCL authorities submits that the final order of assessment has also been passed on July 14, 2026.
3. Learned advocate appearing for the petitioner submits that he has not received any final order of assessment.
4. Heard learned advocates appearing for the respective parties and considered the material on record.
5. Since it is the respondent’s case that final order of assessment has been passed and since a final order of assessment passed under Section 126 of the 2003 Act is appealable under Section 127 thereof, therefore this writ petition is not entertained.
6. While it is true that existence of an alternative
2 remedy is not a bar to the exercise of writ jurisdiction, yet, since this case does not involve any public law element and does not show any extraordinary circumstance therefore, this Court is not inclined to exercise its discretion in favour of the writ petitioner.
7. However, since the petitioner submits that he has not yet received a copy of the final order of assessment, which has been sent to him by the WBSEDCL Authorities as submitted by Mr. Nayak, therefore, the petitioner would have liberty to prefer appeal before the Appellate Authority within a period of one month from the date of receipt of the final order of assessment, in accordance with law.
8. With the above observation, WPA 16948 of 2026 stands disposed of. There shall be no order as to costs.
9. 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.)