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2022 Supreme(Cal) 920

SABYASACHI BHATTACHARYYA
Bengal Energy Limited – Appellant
Versus
West Bengal Electricity Regulatory Commission – Respondent


Advocates appeared:
Saktinath Mukherjee, Advocate, Rahul Karmakar, Advocate, Aasish Chowdhury, Advocate, Aindrila Basu, Advocate, Sanjoy Sen, Advocate, Anand Srivastava, Advocate, R. Elwin, Advocate, Neha Dabral, Advocate, Shivam Sinha, Advocate, Avik Ghatak, Advocate, Kumarjeet Ray, Advocate, Pratik Dhar, Advocate, Sharmistha Ghosh, Advocate, Victor Chatterjee, Advocate, Jishnu Chowdhury, Advocate, Chayan Gupta, Advocate, Sandeep Dasgupta, Advocate, Saaqib Siddqui, Advocate, Ariroop Mitra, Advocate, Shounak Mitra, Advocate, Zulfiqar Ali, Advocate, Prerona Banerjee, Advocate, Anirban Roy, Advocate, Amrita Panja Moulick, Advocate, Bratin Kumar Dey, Advocate

JUDGMENT

Sabyasachi Bhattacharyya, J. - The present writ petitions have been taken out primarily against the 2020 amendments brought by the West Bengal Electricity Regulatory Commission (WBERC) to the WBERC (Co-generation of Electricity from Renewable Sources of Energy) Regulations, 2013, that is, Regulation No.50 dated March 22, 2013.

2. a consequential challenge has also been preferred against the September 2, 2020 Order which was passed by the WBERC suo moto in Case No. SM - 24/20-21, on the basis of which the amendment was allegedly brought.

3. Certain ancillary reliefs have also been claimed by the writ petitioners in their respective petitions.

4. It is argued on behalf of the petitioners, who are co-generating companies of electricity, is that a body corporate can express itself only through a resolution. By placing reliance on the case of The Vice-Chancellor, Utkal University and others Vs. S.K. Ghosh and others, reported at aIR 1954 SC 217, it is contended that the order of the State Commission, on the basis of which the 2020 amendment was brought in, is not a reasoned order. The learned Senior advocate appearing for the writ petitioners seeks to draw support from Regulation 2

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