Jiban Krishna Das v. West Bengal Electricity Distribution Company Limited

09.03.2021 rc/ct.no.10 Item No.14 WPA No. 10847 of 2020 Mr. Bhaskar Ch. Manna ...for the Petitioner Mr. Sujit Sankar Koley ....for the WBSEDCL The grievance of the petitioner is directed against a communication dated January 26, 2020 (Annexure P-7 appearing at page 29 of this writ petition).

It is submitted on behalf of the petitioner that the demand of approximately Rs. 77,000/- is illegal and perverse and seeks interference by the writ court with the same.

The West Bengal State Electricity Distribution Company Limited is represented and submits that in the impugned final assessment order wherein the petitioner had been directed to pay an aggregate amount of Rs.1,07,991/- the petitioner has been directed to pay the balance amount of Rs. 77,991/- after making adjustment for Rs.30,000/- paid by the petitioner.

I have heard the parties and have also considered the submissions made on their behalf. I am of the view that there is no scope whatsoever to interfere with the final assessment order dated September 26, 2020. There is no perversity, no illegality, nor contravention of any law which warrants interference of this Court.

In any event, there is a statutory appeal under Section 127 of the Electricity Act, 2003 which enables the

petitioner to file an appeal challenging the final assessment order.

In view of the statutory alternative remedy available to the petitioner, I am not inclined to interfere with this final assessment order and hence, this writ petition being WPA No. 10847 of 2020 is dismissed.

There shall, however, be no order as to costs. It is pertinent to note that by an earlier order passed in W.P.No. 23614(W) of 2019 (Jiban Krishna Das Vs. West Bengal State Electricity Distribution Company Limited & Ors.) the petitioner had been directed to pay a sum of Rs.30,000/- which the petitioner has paid.

(Ravi Krishan Kapur,J)