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Calcutta High CourtWPA/6547/2024disposed

Anowar Hossain v. State Of West Bengal And ORS.

2024-08-05Hon'Ble Justice Shampa Sarkar2 pages

August 5, 2024 Sl. No.A 112 Court No.9 s.biswas WPA 6547 of 2024 Anowar Hossain vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Amitabh Shukla Mr. Prakash Ch. Pandey ... for the WBSEDCL The writ petition is disposed of with a direction upon the petitioner to file an appeal against the order of the RGRO along with an application for condonation of delay. Although, the Regulations prescribe a period of 20 days from the date of issuance of order of the RGRO, the Regulation do not bar condonation of delay. There is no provision that the ombudsman was not authorized to accept any appeal beyond the period of 20 days from the date of the order. No negative covenant is attached to such provision.

Under such circumstances, the writ petition is disposed of. Accordingly, the ombudsman shall hear the application for condonation of delay in accordance with law and if the authority finds that sufficient cause has been shown for condonation of delay, the appeal shall be entertained and disposed of. If the authority is of the view that the delay has

not been sufficiently explained, necessary order shall be passed and communicated to the petitioner. Accordingly, the writ petition stands disposed of. The order of the ombudsman date September 18, 2023 is set aside.

All the parties shall act on the basis of the server copy of the order.

(Shampa Sarkar, J.)