Authority: Calcutta High Court
Order Date: 24 August 2026
Case Overview
- Petitioner: Nuruddin Molla; Respondents: State of West Bengal & Ors, including West Bengal State Electricity Distribution Company Limited (WBSEDCL).
- The writ petition (WPA 17428 of 2026) challenges a provisional assessment order issued under Section 126 of the Electricity Act, 2003.
- The provisional assessment matured into a final order on 14 July 2026, served on 23 July 2026; the petition was filed on 17 July 2026, before the final order could be received.
- Counsel for petitioner argued lack of proof of hooking; counsel for WBSEDCL asserted procedural maturity of the order.
- The Court observed that an alternative remedy (appeal under Section 127) exists and the writ does not involve a public law element, thus jurisdiction under Article 226 is not entertained.
Final Outcome
- The writ petition is dismissed; however, the Court permits the petitioner to file an appeal within fourteen days from the order date, provided the statutory pre‑deposit and fees are paid, and the appellate authority will entertain the appeal on merits without raising limitation.
- The petitioner is directed to obtain the final assessment order from the relevant Station Manager if not already in possession.
- No order as to costs; the order stands disposed.
- Any urgent request for a certified photocopy of the order shall be expedited.
Topics: Electricity Regulation, Writ Petition, Assessment Appeal