o u r t N . 2 2 S l 1 5 1 / C L 31.08.26 D/L Sl-10 Ct. 07 (Samar) WPA 23143 of 2026 Sadin Hussain & Anr. Vs. CESE Limited & Anr. Mr. Bidyut Kumar Halder, Mr. Indranil Halder, Ms. Neha Singh, ….for the petitioner. Mr. Suman Ghosh, ….for the CESC. 1. The petitioner seeks restoration of the electricity supply that was disconnected on the ground of unauthorised used of electricity. The petitioner says that the petitioner has already paid 50 per cent of the provisionally assessed sum as a condition of grant of anticipatory bail. It is submitted that since 50 per cent of the provisionally assessed sum has already been paid, the petitioner’s electricity supply may be restored. 2. The electricity licensee submits that a final order of assessment has already been passed on August 08, 2026 and that electricity supply can only be restored upon the petitioner paying the finally assessed amount in full. 3. Having heard the learned advocates appearing for the respective parties and having considered the material on record, this Court of the view that no mandatory order can be passed in this matter directing the respondent electricity licensee to restore electricity supply in favour of the petitioner merely on the ground of the petitioner having paid 2 50 per cent of the assessed sum. 4. It is now well settled that on a combined reading of Section 135 (1A) and Regulation 6.4 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulation, 2013, the total sum assessed must be paid for the purpose of restoration of electricity supply in favour of the consumer whose supply was disconnected on the ground of unauthorised use of electricity. 5. In such view of the matter, the petitioner shall have liberty to approach the respondent CESC authorities seeking restoration of electricity supply upon taking into consideration the amount of 50 per cent that has already been paid and seeking payment of the balance sum in instalments. However, the ultimate decision will have to be taken by the CESC authorities themselves and there can be no mandatory order of this Court in such regard. 6. Since a final order of assessment has already been passed, the petitioner shall also be entitled to prefer appeal against the said final order of assessment under Section 127 of the Electricity Act, 2003 in accordance with law. 7. Accordingly, WPA 23143 of 2026 stands disposed of. No 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.) 3