- (1.) The petitioner in this Article 226 petition dated June 7, 2010 is seeking the following principal relief:- "a) A writ in the nature of mandamus commanding the -respondent to allow the petitioner to prefer appeal by condoning delay, simultaneously to restore the electric connection with immediate effect."
(2.) The assessing officer of the West Bengal State Electricity Distribution Company Limited initiated a proceeding under Section 126 of the Electricity Act, 2003. THE order of provisional assessment was made on August 12, 2009 and the order of final assessment was made on August 29, 2009. On December 7, 2009 the petitioner lodged an appeal depositing 50% of the finally assessed amount. Since the appeal was not entertained, he brought this petition. The petitioner feeling aggrieved by the order of final assessment dated August 29, 2009 was entitled to appeal therefrom to the appellate authority under Section 127 of the Electricity Act, 2003 within thirty days of the order. Admittedly, he lodged his appeal only on December 7, 2009. It is evident that he lodged the appeal long after expiration of thirty days of the order of final assessment. There is no provision for condonation of delay in filing an appeal under Section 127 of the Electricity Act, 2003. Hence an appeal filed beyond the period mentioned in the section cannot be entertained thereunder. I find no reason to say that the appellate authority was wrong in refusing to entertain the appeal. In the absence of any provision for condonation of delay, the petitioner had no legal right to call upon the appellate authority to condone the delay and entertain the appeal.
(3.) The power under Article 226 cannot be exercised for making an order permitting the petitioner to appeal from the order of final assessment. THE power cannot be exercised for condoning the delay when the statute does not provide for condonation of delay in filing an appeal. An order directing the appellate authority to entertain the appeal will be contrary to the provisions of Section 127 of the Electricity Act, 2003. Counsel has submitted that the licensee may be directed to reconnect the petitioner's supply of electricity on payment of a part of the balance of the finally assessed amount. He has invited me to make an order permitting the petitioner to pay the balance of the finally assessed amount in installments.;