01.09.2026 Item No.23 (DL) Court No.07 (Susanta) (Bench ID-266306) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 19104 of 2026 < Biswajit Mondal -Vs- CESC Limited & Anr. Mr. Bidyut Kumar Halder, Mr. Indranil Halder, Ms. Neha Singh, …for the petitioner. Dr. Madhusudan Saha Roy, ….for the CESC Ltd. 1. The petitioner complains of arbitrariness on the part of the respondent CESC authorities in threatening to disconnect the electricity supply of the petitioner. 2. The petitioner asserts that the petitioner’s electricity supply was restored upon payment done by the petitioner in terms of an interim order dated May 12, 2005 passed by a Co- ordinate Bench of this Court whereby the petitioner’s challenge to the final order of assessment passed by the Assessing Officer under Section 126 of the Electricity Act, 2003 was entertained and the writ petition was directed to be heard upon exchange of affidavits. 3. The writ petition was ultimately dismissed on April 08, 2026 recording that a sum in excess of Rs.1,53,395/- (excluding interest) is due and owing from the petitioner. 2 4. The CESC authorities have raised a bill of Rs.45,69,482/- on the petitioner as the total sum payable by the petitioner towards the balance of the finally assessed sum (i.e. the unpaid portion of the assessed sum after deducting the amount paid in terms of the order dated May 12, 2005) along with interest. 5. Mr. Halder, learned Advocate for the petitioner submits that the petitioner is ready and willing to pay the principal balance of the finally assessed sum i.e., Rs.1,53,395/- as recorded in the order dated April 08, 2026 within ten days from date. He submits that the amount in respect of interest be directed waived. 6. Dr. Madhusudan Saha Ray, learned advocate appearing for the respondent CESC authorities submits that if the petitioner pays the principal balance sum of Rs. 1,53,395/- within a period of ten days, the petitioner’s line will not be disconnected immediately. However, this Court should not pass any direction for waiver of any sum on account of interest. 7. Heard learned advocates appearing for the respective parties and considered the material on record. 8. Since a fair stand has been taken by the CESC authorities, therefore, it is directed that if the petitioner pays the principal balance of the finally assessed sum i.e., Rs. 1,53,395/-within a 3 period of ten days from date, the CESC authorities shall not disconnect the petitioner’s supply for period one month from the date of payment of the aforesaid sum. 9. However, there is substance in the submission made by Dr. Madhusudan Saha Ray that this Court cannot waive the amount of interest that may be charged by the CESC authorities. 10. In fact, it has not been demonstrated before this Court that the amount is arbitrary. However, without going into such question, the petitioner shall be at liberty to make appropriate representation to the Manager (Loss Control Cell), CESC Limited seeking either waiver of the aforesaid sum or payment thereof in installments. 11. If such representation is made, the Manager (Loss Control Cell) shall decide such representation in accordance with law, within a fortnight from the date of making of such representation. 12. It is clarified that no mandatory order, has been passed in this regard and it will be open to the CESC authorities to either waive the aforesaid sum or to grant installments, as the said authorities may deem fit and proper. The ultimate decision will have to be taken by the 4 CESC authorities independently, in accordance with law. 13. The future course of action shall depend upon the ultimate decision taken by the CESC authorities. 14. It is further made clear that in the event, the petitioner still remains aggrieved by the action/decision of the CESC authorities it will be open to the petitioner to assail the same before the appropriate forum in accordance with law. 15. WPA 19104 of 2026 stands disposed of. No costs. 16. 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.)