Sunil Das v. Wbsedcl And ORS.

10th May, (AK) W.P.A 6628 of 2022 Sunil Das Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Tauhid Khan ...for the petitioner.

Mr. Srijan Nayak Mrs. Rituparna Maitra ...for WBSEDCL.

The present writ petition is filed challenging a final order of assessment within the contemplation of Section 126 of the Electricity Act, 2003.

However, in view of existence of an equally efficacious alternative remedy in the form of an appeal before the appellate authority, as envisaged in Section 127 of the Electricity Act, 2003, this court is not inclined to entertain the writ petition.

Accordingly, WPA 6628 of 2022 is disposed of by granting the petitioner liberty to approach the appellate authority and, if so approached, the appellate authority shall consider the challenge of the petitioner, subject to compliance of formalities by the petitioner and in accordance with law upon taking into consideration the question of limitation.

It is made clear that the merits of the contentions of the writ petition have not been gone into by this court.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)