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2026 DAILYLAW 30579 (CAL)

NOORISLAM MOLLA v. STATE OF WEST BENGAL AND ORS.

WPA/16945/2026 · 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-08 Ct.07 (Samar) WPA 16945 of 2026 Noorislam Molla 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 an order of provisional assessment passed by the Assessing Officer under Section 126 of the Electricity Act, 2003. 2. It is submitted by the petitioner that during pendency of the wit petition, a final order of assessment has also been passed and served upon the petitioner. 3. A final order of assessment passed under Section 126 of the 2003 Act is appealable under Section 127 thereof. 4. 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 no public element involved in the present writ petition and no extraordinary case has been made out, this writ petition is not entertained. 5. However, since the petitioner has approached this Court by filing the writ petition within the period during which, an appeal, if filed under Section 127 2 of the 2003 Act, would have been maintainable, therefore, if the petitioner files and appeal before the Appellate Authority within a period of 15(fifteen) days from date, upon compliance with all formalities including statutory predeposit and payment of the requisite fees, the petitioner’s appeal would be entertained and decided on merits by the Appellate Authority. 6. Needless to mention that this Court has not gone into the merits of the writ petitioner’s case all points are left open to be decided by the Appellate Authority in accordance with law. 7. WPA 16945 of 2026 stands disposed of. There shall be no order as to costs. 8. 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.)