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2024 Supreme(Cal) 1171

SABYASACHI BHATTACHARYYA
Rajadhiraj Tirupani Vinayak Natraj Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Swatarup Banerjee, Mr. Nirmalya Das Gupta, Mr. M.S. Tiwari, Ms. Shweta Poddar.
For the Respondents: Mr. Sk. Md. Galib, Mr. Abu Siddique Mallik, Mr. Joydip Kar, Mr. Debanjan Mukherjee, Mr. Pratik Dhar, Mr. Ritwik Pattanayak.

JUDGMENT :

(Sabyasachi Bhattacharyya, J.) :

1. The petitioner-Company is a consumer of electricity from the respondent no. 2-West Bengal State Electricity Distribution Company Limited (WBSEDCL), located in Post Office – Bishnupur, District – Bankura, West Bengal. The writ petition has been filed seeking a revision in the electricity tariff imposed on the petitioner and other consumers in the area outside the DVC command area.

2. Learned counsel for the petitioner argues that the petitioner has been consuming electricity all along from the WBSEDCL. Initially, the command area where the petitioner was enjoying electricity was a multi-licensee area, both the Durgapur Project Limited (DPL) and the WBSEDCL supplying electricity in the said area. In the adjacent area both in West Bengal and outside, the WBSEDCL and the Damodar Valley Corporation (DVC) supply electricity.

3. Subsequently, the DPL merged into the WBSEDCL. On November 16, 2019, the WBSEDCL issued a notification fixing maximum tariff for the command area where the petitioner is enjoying electricity.

4. Learned counsel for the petitioner argues that the tariff in the DVC Command Area is lower than the area where the petitione

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