Swapan Kumar Dey @ Das v. State Of West Bengal And ORS.

24th December, (AK) WPA 13788 of 2021 Swapan Kumar Dey alias Das Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Prosenjit Mukhrjee Ms. Poulami Dutta ...for the petitioner.

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

An affidavit-in-opposition filed by the Distribution Company in court today be kept on record.

It is clearly indicated by the documents annexed to the said affidavit as well as the opposition itself that, in the meantime, a final assessment has been arrived at by the Distribution Company.

It is contended by learned counsel for the petitioner that the petitioner had preferred an appeal against the final order of assessment but learned counsel pleads ignorance on the fate of such appeal.

In view of a final assessment order having been admittedly passed and challenged in an appeal, irrespective of the outcome of the said appeal, there is no scope for looking into the merits of the provisional assessment afresh at this belated stage.

Accordingly, WPA 13788 of 2021 is dismissed.

However, this order shall not operate as a bar to the Distribution Company accepting the due amount on such final assessment from the petitioner.

If such amount is paid by the petitioner within January 24, 2022, the Distribution Company shall restore the connection, subject to compliance of all other formalities, including reconnection charges within a week upon such compliance of formalities.

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.)