JUDGMENT :

DEBANGSU BASAK, J.

1. Two appeals have been heard analogously as they have emanated from the same impugned judgment and order dated May 2, 2025 passed in WPA 4669 of 2023. Damodar Valley Corporation (DVC) has filed MAT 970 of 2025 while, West Bengal Electricity Regulatory Commission (WBERC) has filed MAT 1308 of 2025.

2. By the impugned judgment and order, learned Single Judge has, struck down Regulation 4.4 of the West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2011. Learned Single Judge has directed WBERC to frame appropriate fresh regulations, for curbing excess drawals and issued various guidelines with regard thereto.

3. Learned Senior Advocate appearing for DVC has submitted that, DVC is a licensee within the meaning of Section 14 of the Electricity Act, 2003 and is statutorily empowered to impose drawal restrictions.

4. Learned Senior Advocate appearing for DVC has contended that, WBERC is the State Commission responsible for determining tariff for the consumers of DVC in the State of West Bengal. WBERC in exercise of powers under Section 61 , 62 and 181 of the Act of 2003, amongst others, has formulated the Regulations of