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Calcutta High CourtWPA/19571/2025dismissed

Sk. Rajob Ali And ORS. v. Cesc Limited And ANR

2025-08-28Hon'Ble Justice Kausik Chanda2 pages

WPA 19571 of 2025 Sk. Rajob Ali & Ors.

Vs.

CESC Limited & Anr.

Mr. Bidyut Kr. Halder, Mr. Indranil Halder ...for the Petitioner Mr. Suman Ghosh, Mr. Aayush Sharma ...for CESC 28-08-2025 AKG Ct. 15 The petitioners challenge a final order of assessment dated May 9, 2024, by filing the present writ petition. It appears that an inspection team conducted an inspection of the relevant premises on April 26, 2024, during which the following findings were recorded: "During inspection, direct connection found from CESC service Cut-out. Connected load : fan, TV, Fridge, light load of approx 20 nos. of flats (tenants & ownership).

Connected load pictures could not be taken due to stiff resistance at site.

Load detected during inspection was 50.5 Amp which could not be photographed due to stiff resistance at site."

Subsequently, a provisional order of assessment amounting to Rs. 8,74,542/- was issued.

The petitioners were afforded an opportunity of hearing. From the record of the assessing officer, it appears that the petitioners did not admit to any unauthorised use of electricity; however, they accepted the

liability and expressed a willingness to settle the amount. After considering their submissions, the assessing officer revised the assessment to Rs. 8,27,007/- and communicated the order accordingly.

The petitioners, however, did not file an appeal within the statutory period of thirty days.

Learned counsel appearing for the petitioners submits that the petitioners should not be granted leave to file an appeal beyond the prescribed period to condone the delay. This Court is unable to accede to such a prayer, having regard to the judgment of the Special Bench of this Court in WP No. 84 of 2019 (Sudipta Koley vs. Smt. M. Bhowmick & Anr.).

In the aforesaid circumstances, WPA 19571 of 2025 is dismissed.

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

(Kausik Chanda, J.)