Md Azim @Md Azim Sk v. The W.B.S.E.D.C.Ltd & ORS

30.11.2021 TN WPA No.23716 of 2019 Md. Azim @ Md. Azim Sk.

Vs.

The West Bengal State Electricity Distribution Company Limited and others Md. Rafiqul Islam .... for the petitioner Mr. Srijan Nayak, Ms. Rituparna Maitra ....for the WBSEDCL Affidavit-of-service filed in court today be kept on record.

The grievance of the petitioner is that final assessment regarding the alleged dues from the petitioner was made by the Distribution Company without giving any opportunity of hearing to the petitioner.

It is further submitted that the amount finally assessed is equal to the provisional assessment and, as such, indicates non-application of mind by the Distribution Company.

However, by placing reliance on Annexure-P6 at page-36 of the writ petition itself, learned counsel for

the Distribution Company points out that as long back as on November 21, 2019, a communication was made in writing to the petitioner indicating that a date for hearing was being fixed for the purpose of final assessment on November 28, 2019, failing which it would be treated as ex parte and final assessment order would be passed accordingly.

Since the writ petition itself was filed on December 17, 2019, that is, much thereafter, it does not lie in the mouth of the petitioner to contend that no opportunity of hearing was given to the petitioner. As such, there is no merit in the instant writ petition. Accordingly, WPA No.23716 of is dismissed.

However, it is made clear that in the event the petitioner deposits the finally assessed amount within the time specified in law, the Distribution Company shall give the electric connection to the petitioner in accordance with law, subject to compliance of all legal formalities.

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.)