Tarun Kumar Malik v. State Of West Bengal And ORS.

D/L. 19.

December 14, 2022.

MNS.

WPA No. 26882 of 2022 Tarun Kumar Malik Vs.

State of West Bengal and others Mr. Sarbananda Sanyal ... for the petitioner.

Dr. Madhusudan Saha Roy ...for the WBSEDCL.

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

The present challenge has been preferred against a decision of the appellate authority under Section 127 of the Electricity Act, 2003 (2003 Act), whereby the petitioner's challenge to a final order of assessment was turned down.

Upon hearing learned counsel for the parties, it transpires that the final order of assessment dated March 3, 2020, clearly records that the accused/petitioner had accepted the crime and promised not to commit such crime in future and also stated that he is the sole earning member of his family and has no alternative source of income, for which reduction was apparently requested by the petitioner.

Upon such consideration, the amount was actually reduced. As such, there is no scope of challenging the order of the appellate authority before the writ court.

WPA No. 26882 of 2022 is, accordingly, dismissed.

However, the petitioner will be at liberty to approach the concerned Assessing Officer of the WBSEDCL asking for installments to deposit the outstanding dues and for prior restoration of electricity connection pursuant to payment of one or some of the installments.

If so approached, the said Assessing Officer shall decide the issue sympathetically, keeping in mind the financial status of the petitioner, but in accordance with law.

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.)