Gourhari Das v. State Of West Bengal And ORS.

S/L. 36.

September 5, 2022.

MNS.

WPA No.16280 of 2022 Gourhari Das Vs.

State of West Bengal and others Mr. Debasis Sur, Mr. Hare Krishna Halder, Mr. Anshuman Patra ... for the petitioner.

Affidavit-of-service filed in Court today be kept on record.

Despite service, none appears for the respondents.

Leave is granted to the learned Advocate for the petitioner to rectify the cause title of the affidavit-of-service here and now and to file the same in Court today.

The present writ petition has been filed challenging a provisional order of assessment on the allegation of pilferage of electricity.

Since the law provides that the consumer has to challenge the assessment before the assessing forum, alternatively challenge the consequential final order before the appellate authority under Section 127 of the Electricity Act,

2003, WPA No. 16280 of 2022 is disposed of by granting leave to the petitioner to approach the concerned authority having jurisdiction in law to resolve the dispute as raised in the present writ petition.

If so approached, the said authority (or appellate appellate authority, as the case may be) shall decide the same upon giving an opportunity of hearing to all concerned as expeditiously as possible and in accordance with law, preferably within four weeks from the challenge being made. There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)