High Court Of Calcutta
V. S. Sirpurkar, Arun Kumar Mitra
W.B.S.E.B. - Appellant
Versus
ANUP MONDAL - Respondent
CAN 10507 Of 2005
Decided On : 02/22/2006
Appeal - Statutory Appeal - Assessment Order
Fact of the Case:
The petitioner appealed to the Court after a final assessment order of Rs. 90,072, having already paid Rs. 22,518.
Finding of the Court:
The Court found that the petitioner should have filed a statutory appeal instead of approaching the Court directly. The petitioner was directed to file the appeal within two weeks and make a further payment of Rs. 9,000 for filing the statutory appeal.
Issues: The issue was whether the petitioner should have filed a statutory appeal instead of approaching the Court directly.
Ratio Decidendi: The Court emphasized the necessity of following the statutory appeal process and directed the petitioner to file the appeal within the specified time frame.
Final Decision: The appeal and application were disposed of with the mentioned observations, and the writ petition was also disposed of.
( 1 ) THE petitioner had rushed to this Court straightaway after the final assessment order which was assessed at Rs. 90,072/ -. Before that the petitioner had already paid Rs. 22,518/ -. In our opinion it will not be necessary to go along with this appeal because the petitioner instead of approaching this Court should have filed the statutory appeal. The petitioner shall file the appeal within two weeks from today. Once this appeal is filed, the same will be disposed of within two months thereof. Needless to mention that the petitioner shall make a further payment of Rs. 9,000/- towards the requisite for filing the statutory appeal. The appellate authority will consider the pendency of the writ petition while considering the question of limitation. The appeal shall be disposed of at any rate within two months from its filing. According to the original writ petitioner the supply of electricity has not been disconnected. It shall not be disconnected if the petitioner within 15 days pays rs. 9,000/- as directed by this Court. The application and the appeal (treating the same on the day's list) are disposed of with these observations. The writ petition being W. P. No. 22257 (W) of 2005 is also disposed of.
( 2 ) PLAIN copy of this order, duly countersigned by the Assistant Court Officer, be supplied to the parties. Appeal and application disposed of with observation.
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