Kausick Dhole And Another v. West Bengal State Electricity Distribution Company Limited And Others

30.09.2022 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 1168 of 2022 Kausick Dhole & Anr.

Vs.

West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Nilanjan Bandopadhyay, Mr. Suman Banerjee ...for the petitioner Mr. Srijan Nayak, Ms. Rituparna Maitra ...for the WBSEDCL Learned counsel for the petitioners contends, in continuation of the submission made on the previous occasion, that the petitioners were not served with any copy of final order of assessment. The present writ petition has been preferred against the provisional order of assessment, but no opportunity was given to the petitioners to contest the provisional assessment for the purpose of passing the final order of assessment.

Learned counsel appearing for the West Bengal State Electricity Distribution Company Limited (WBSEDCL) submits that the petitioners did not attend the hearing despite notice.

However, nothing is produced on the part of the WBSEDCL to substantiate that notice was duly served

on the petitioners with regard to date of hearing on the provisional order of assessment.

In such view of the matter, the final order of assessment, if passed, would be vitiated inasmuch as the same would then be passed without any opportunity of hearing to the petitioners.

At this juncture, learned counsel appearing for the WBSEDCL, in his usual fairness, submits that there is nothing on record to substantiate that any final order of assessment was ultimately made on the said provisional assessment.

However, as stipulated in Section 126 of the Electricity Act, 2003, the final order of assessment is to be passed, upon hearing the consumer, within thirty days from service of provisional order of assesment. Such opportunity having not been availed in the present case, the provisional order of assessment now stands automatically nullified.

Hence, W.P.A. No. 1168 of 2022 is disposed of by setting aside the provisional assessment previously made by the WBSEDCL against the petitioners on the ground that the same has spent its force.

However, nothing in this order shall preclude the WBSEDCL from issuing a fresh provisional assessment order and to proceed in accordance with law thereafter, if otherwise so permissible in law.

If such an endeavour is taken, the parties as well as any subsequent forum taking up any connected matter shall not be prejudiced or influenced by any of the observations made herein.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)