An application challenging a provisional electricity bill and allegations of theft was dismissed as the petitioner had an efficacious statutory alternative remedy available.
The writ petition was dismissed with liberty to avail the statutory remedy.
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13 .04.2021 jb.
W.P.A. 21790 of 2019
(CAN 1 of 2021)
Md. Hafizur Rahaman @ Hafizur Rahaman @ Hafiz vs. WBSEDCL & Ors.
Mr. S. S. Chattopadhyay Ms. Payel Shome …. For the Petitioner
Mr. Soumyajit Chakraborty …. For the WBSEDCL
The grievance of the petitioner is directed against a provisional assessment order dated 20th February, 2019.
The petitioner alleges that the respondents have acted unlawfully in raising the aforesaid bill in respect of the premises of the petitioner.
Pursuant to an earlier order of the Court, the respondent Distribution Company has filed a report in the form of affidavit wherein it is alleged that a sum of Rs.2,46,776/- is due and payable by the petitioner to the respondent Distribution Company. There are also serious allegations of theft and pilferage of electricity against the petitioner. It is also submitted by the respondent Distribution Company that the petitioner has an alternative efficacious remedy by way of a statutory appeal.
I have considered the submissions of the parties. In view of the statutory alternative remedy available to the
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petitioner I am of the view that this writ petition is not maintainable. Accordingly, W.P.A. 21790 of 2019 is dismissed. The petitioner is granted liberty to avail of the statutory remedy in accordance with law, if so advised.
Consequently, the application being CAN 1 of 2021 is disposed of.
Photostat certified copy of the order, if applied for, be given to the parties on compliance of requisite formalities.
(Ravi Krishan Kapur, J.)
1 issue framed by the court
Whether the writ petition is maintainable given the existence of a statutory alternative remedy.
Md. Hafizur Rahaman @ Hafizur Rahaman
WBSEDCL
Ravi Krishan Kapur
As recorded by the court registry
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