Gour Mal v. State Of West Bengal And ORS.

AD-12 Ct No.09 17.11.2022 TN WPA No. 22955 of 2022 Gour Mal Vs.

State of West Bengal and others Md. Yusuf Ali .... for the petitioner Mr. Syed Nasirul Hossain .... for the State Mr. Sujit Sankar Koley .... for the WBSEDCL The report filed by learned counsel for the State be kept on record.

The grievance of the petitioner, as ventilated by learned counsel for the petitioner, is that the West Bengal State Electricity Distribution Company Limited (WBSEDCL) has raised a provisional assessment bill against the petitioner on the allegation of pilferage of electricity. However, no final order of assessment has yet been passed within the contemplation of Section 126 of the Electricity Act, 2003.

Since it is the stand of the WBSEDCL that intimation has already been issued to the petitioner for the purpose of hearing the petitioner, the purpose of justice would be sub-served in the event the WBSEDCL decides on the final order of assessment

upon giving an opportunity of hearing to the petitioner as expeditiously as possible.

Accordingly, WPA No. 22955 of 2022 is disposed of by directing the WBSEDCL to give an opportunity of hearing to the petitioner and to decide on the final order of assessment in accordance with law upon giving such hearing, as expeditiously as possible, positively within three weeks from date.

It is made clear that the merits of the allegations and counter-allegations have not been gone into by this court.

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.)