Sanjay Gupta v. Cesc Limited And ORS

15.03.2022 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 4409 of 2022 Sanjay Gupta Vs.

CESC Limited & Ors.

Mr. Bidyut Kumar Halder, Mr. Indranil Halder ... for the petitioner Mr. Om Narayan Rai, Ms. Sumouli Sarkar ...for the CESC Limited Learned counsel appearing for the petitioner contends that an allegation of unauthorized use of electricity was levelled against the petitioner and, accordingly, a provisional bill of assessment was raised. It is submitted that the petitioner be permitted to get his electricity connection restored upon payment of fifty percent of the alleged dues immediately and the rest in instalments.

Learned counsel appearing for the CESC Limited submits that the petitioner had admitted the assessment made by the authorities and had signed on a transcription of the petitioner's verbal submission in that regard.

That apart, a final order of assessment has been passed in the meantime with regard to the said provisional bill.

In view of the aforesaid factual circumstances, W.P.A. No. 4409 of 2022 is dismissed, since the petitioner apparently signed a document wherein his submission as regards the liability of the petitioner to pay the provisional amount of assessment, on the basis of which final bill was raised, was recorded. Since no challenge has been preferred by the petitioner till date before any competent forum against the veracity of the petitioner's signature, there is no further scope of granting the petitioner liberty to approach the appropriate forum for resolution of such disputes.

The photocopy of the alleged signature of the petitioner on the transcription of verbal submission, handed over by learned counsel for the CESC Limited, be kept on record.

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.)