Authority: Calcutta High Court

Order Date: 24 August 2026

Case Overview

  • Parties: petitioner Tafijul Sk versus the State of West Bengal and others, including West Bengal State Electricity Distribution Company Limited (WBSEDCL).
  • Petition filed on 22 July 2026 challenging a provisional assessment order dated 22 June 2026 issued under Section 126 of the Electricity Act, 2003.
  • Petitioner alleged the assessment was arbitrary and lacked proof of hooking; WBSEDCL contended a final assessment order was passed on 4 August 2026.
  • The court noted the writ petition was filed before the final order was passed and that a final order under Section 126 is appealable to the appellate authority under Section 127.
  • While alternative remedy exists, the court held that the writ jurisdiction under Article 226 is not appropriate as the case lacks a public law element and does not fall within established exceptions.
  • However, recognizing the appeal period was still open, the court allowed the petitioner to file an appeal within a fortnight, provided the statutory pre‑deposit and fees are paid, and the appellate authority must entertain the appeal on merits without raising limitation.

Final Outcome

  • The writ petition (WPA 17989 of 2026) is disposed of; no order as to costs.
  • The petitioner may file an appeal to the appellate authority within two weeks with required deposit and fees.
  • An urgent certified photocopy of the order may be supplied if applied for.

Topics: Electricity Assessment, Legal Remedy