Biswajit Mukherjee And ANR v. Cesc Limited And ANR

Sl. No.48.

25.06.2025 Suman Ct. 15 WPA 13681 of 2025 Biswajit Mukherjee and Anr.

Vs.

CESC Limited and Anr.

Mr. Bidyut Halder Mr. Indranil Halder ..for the petitioners Mr. Subir Sanyal Mr. Suman Ghosh Mr. Aayush Sharma ..for CESC Limited This writ petition has been filed challenging the provisional order of assessment dated June 5, 2025. Mr. Subir Sanyal, learned Senior Counsel appearing on behalf of Calcutta Electricity Supply Corporation (CESC) Limited, submits that during the pendency of the writ petition, a final order of assessment dated June 19, 2025, has been passed.

The relevant documents pertaining to the final assessment order have been placed before this Court. It appears therefrom that the petitioner accepted the liability before the Assessing Officer and sought favourable consideration with respect to the penal charges.

In view of the above, the petitioner cannot maintain his challenge to either the provisional or the final order of assessment before this Court.

However, in the interest of justice, it is directed that if the petitioner deposits 50% of the finally assessed amount along with incidental charges within a period of seven days from the date of this order, CESC Limited shall restore the electricity connection to the petitioner forthwith.

The remaining 50% of the amount shall be paid by the petitioner in four equal monthly instalments. The first instalment shall be paid within the first week of August 2025, and the remaining three instalments shall be paid within the first week of each succeeding month. In the event of any default in payment as per the terms of this order, CESC Limited shall be at liberty to disconnect the petitioner's electricity connection. Accordingly, WPA 13681 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.)