Sumanta Ghosh @ Srimanta Ghosh v. West Bengal State Electricity Distribution Company Limited And ORS.

16.07.2025 Sl No.36 Ct. No.15 S.A.

WPA 13121 of 2025 Sumanta Ghosh @ Srimanta Ghosh -vsWest Bengal State Electricity Distribution Company Limited & Ors.

Ms. Puja Goswami ...for the petitioner Mr. Srijan Nayak Ms. Rituparna Maitra ...for WBSEDCL It appears that a final order of assessment, demanding a sum of Rs. 31,29,478/- (Rupees thirtyone lakh twenty-nine thousand four hundred and seventy-eight only), was passed against the petitioner on December 19, 2024, modifying the provisional assessment of Rs. 39,64,343/- (Rupees thirty-nine lakh sixty-four thousand three hundred and fortythree only). Learned advocate appearing for the petitioner submits that, due to ignorance of law, the petitioner made a representation before the Divisional Manager seeking modification of the final order of assessment by a letter dated February 25, 2025. It is further submitted that the petitioner was unaware that a statutory appeal ought to have been preferred along with the requisite fees. Subsequently, the petitioner has filed the present writ petition on or around May 21, 2025, seeking consideration of the said representation.

It is now submitted by learned counsel for the petitioner that the petitioner is willing to prefer an appeal against the final order of assessment. Mr. Srijan Nayak, learned advocate appearing on behalf of the West Bengal State Electricity Distribution Company Limited (WBSEDCL), submits that the statutory period for preferring an appeal has already expired, and it is settled law that the period of limitation cannot be extended by this Court.

Having considered the peculiar facts and circumstances of the case, and in the interest of justice, I am of the view that the petitioner should be granted an opportunity to prefer a statutory appeal upon appropriate condonation of delay without creating any precedence.

Accordingly, this writ petition is disposed of by granting liberty to the petitioner to prefer a statutory appeal before the appropriate appellate authority within a period of thirty (30) days from date. Needless to mention, the appellate authority shall consider and dispose of the appeal, in accordance with law, as expeditiously as possible, and after giving due opportunity of hearing to the petitioner.

Accordingly, WPA 13121 of 2025 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)