Haldia Mahakuma Husking Bani Mill Owners Association v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 10.01.2025 BP/AGM ML. 70 Court No. 14 WPA 20373 of 2024 Haldia Mahakuma Husking Bani Mill Owners' Association Vs.

The State of West Bengal & Ors.

Mr. Subrata Ghosh ..for the petitioner Mr. Ritwik Pattanayak.

..for the Respondent no. 8/WBERC.

Dr. Madhusudan Saha Roy ...for WBSEDCL

1. The issue relates to fixation of tariff by the West Bengal Electricity Regulatory Commission.

2. Learned advocate representing the West Bengal Electricity Regulatory Commission relies upon an order dated 7th December, 2023 passed by the Court in WPA 21201 of 2023 (Swapan Banerjee - Vs- The State of West Bengal & Ors.), wherein the Court had been pleased to hold that since an appellate forum is available under the statute, the petitioner will be at liberty to approach the said forum.

3. The Distribution Company Limited has raised the bill as per the tariff fixed by the Electricity Regulatory Commission.

4. As the petitioner claims to have been aggrieved by the same, accordingly, it will be open for the petitioner to pursue remedy before the statutory appellate forum in accordance with law.

5. The writ petition stands disposed of.

6. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J. )