Ruma Mondal v. Cesc Limited And ANR

22.07.2025 Sl. No.06.

Ct. No.15 Suman WPA 13430 of 2025 Gobinda Chandra Mondal Vs.

CESC Limited and Anr.

Mr. Bidyut Kumar Halder Mr. Indranil Halder ..for the petitioner Mr. Debanjan Mukherjee Ms. Suvasree Ghose ..for CESC Limited The petitioner seeks restoration of electricity supply at premises situated at Chowbhaga Bazar Road, Kolkata-700039.

Learned counsel appearing for the Calcutta Electricity Supply Corporation (CESC) Limited submits that the electricity connection of the petitioner was disconnected on the allegation of unauthorized use of electricity. A provisional assessment was made on June 10, 2025, followed by a final order of assessment dated July 1, 2025, directing the petitioner to deposit a sum of ₹96,737/-.

Mr. Halder, learned counsel appearing for the petitioner, submits that in connection with the criminal proceedings initiated by CESC Limited, the petitioner, in order to secure bail, has already deposited a sum of ₹48,369/- with CESC Limited.

He further submits that the final order of assessment was passed without affording the petitioner an opportunity of hearing.

In response, learned counsel for CESC Limited contends that the petitioner was granted an opportunity of hearing; however, the petitioner declined to appear before the Assessing Officer at the time of the final assessment.

Without entering into the factual controversy raised by the respective parties, this Court is inclined to dispose of the present writ petition with the following directions: The petitioner shall deposit an additional amount of ₹20,000/- with CESC Limited, along with the requisite reconnection charges, within a period of seven (07) days from the date of this order. Upon such deposit, CESC Limited shall restore the electricity connection at the aforesaid premises forthwith.

The final order of assessment dated July 1, 2025, is hereby set aside.

CESC Limited shall afford the petitioner an opportunity of hearing on July 25, 2025, at 2:00 p.m., for the purpose of passing a fresh order of assessment. No separate notice shall be issued in this regard. The amount already deposited by the petitioner shall be given due adjustment in the final assessment to be made by CESC Limited.

Accordingly, WPA 13430 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.)