N.22Sl 151/CL 24.08.26 DL-05 Ct.-07 (S.R.) WPA 17989 of 2026 Tafijul Sk v. The State of West Bengal & Ors. Mr. Raja Biswas Ms. Trisha Saha … for the petitioner. Mr. Srijan Nayak Ms. Rituparna Maitra … for the WBSEDCL. 1. Affidavit of service filed in Court today is taken on record. 2. This writ petition lays challenge to an order of provisional assessment dated June 22, 2026 passed under Section 126 of the Electricity Act, 2003. 3. Mr. Biswas, learned advocate appearing for the petitioner submits that the order has been passed arbitrarily without there being any proof of hooking. 4. Mr. Nayak, learned advocate appearing for the WBSEDCL authorities submits that final order of assessment has been passed on August 4, 2026 and it has been sent to the petitioner. 5. It is noticed that the present writ petition was filed on July 22, 2026 when, the final order of assessment had not been passed. 6. A final order of assessment under Section 126 of the 2003 Act is appealable before the appellate authority under Section 127 thereof. Although, existence of an alternative remedy is not a bar to this exercising writ jurisdiction under Article 226 of the Constitution of India yet, since the present case neither involves any public law element nor falls within any of the well-settled exceptions justifying interference in writ jurisdiction despite availability of alternative remedy, this writ petition is not entertained. 7. However, considering the fact that the petitioner has approached this Court, during the time when an appeal, if lodged, would have been within the period of limitation under Section 127 of the 2003 Act, therefore, if the petitioner files an appeal within a fortnight from date, in accordance with law along with the statutory pre-deposit and the relevant fees, the appellate authority shall entertain such appeal on merits without raising the bar of limitation. 8. With the above observations, WPA 17989 of 2026 stands disposed of. There shall be no order as to costs. 9. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.) 2