Authority: Calcutta High Court, Division Bench (Judge Om Narayan Rai)
Order Date: 11 September 2026
Case Overview
- Parties: Petitioner Nazrul Molla vs. The State of West Bengal & Ors., with respondent West Bengal State Electricity Distribution Company Limited (WBSEDCL).
- The petitioner challenged a final assessment order dated 3 June 2003 issued under Section 126 of the Electricity Act, 2003.
- Petitioner claimed the Assessing Officer lacked jurisdiction because he is a customer of the Jibantala Customer Care Centre, while the order was passed by the Assessing Officer of the Minakhan Customer Care Centre.
- Respondent WBSEDCL argued that the petitioner’s premises lie on the border of the Minakhan and Jibantala centres and that the petitioner was using electricity unauthorizedly by direct hooking from the nearest low‑tension overhead line under Minakhan jurisdiction.
- The Court held that, irrespective of the technicality, the jurisdiction argument loses foundation as the petitioner was indeed found using electricity without authorization under Minakhan Centre.
- The Court further observed that an order passed under Section 126 is appealable to the Appellate Authority under Section 127, and the writ petition was filed after the prescribed limitation period for such an appeal.
- Consequently, the Court concluded that no order could be passed on the writ petition.
Final Outcome
- The writ petition (WPA 17454 of 2026) is dismissed.
- No costs are awarded to either party.
- An urgent photostat certified copy of the order may be supplied to the parties upon compliance with requisite formalities.
Topics: Electricity Regulation, Jurisdiction, Statute of Limitations