18.08.2026 Item No.19 (DL) Court No.7 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 1703 of 2026 Farez Molla & Ors. -Vs- The State of West Bengal & Ors. Mr. Agniswar Bhuinya. …for the petitioners. Mr. Srijan Nayak, Mrs. Rituparna Maitra. ……for the WBSEDCL. 1. Affidavit of opposition filed by the WBSEDCL in Court today is taken on record. 2. The petitioners complain of arbitrariness on the part of the respondent WBSEDCL Authorities in not refunding the excess security deposit with interest in terms of Regulation 4.2.6 of the West Bengal Electricity Regulatory Commission (Miscellaneous Provisions) Regulations, 2013. 3. Learned Advocate appearing for the petitioners submits that the respondent WBSEDCL Authorities had taken a particular sum towards security deposit at the time of providing electricity supply in favour of the petitioners which has swelled up with passage of time. 4. It is next submitted that in terms of Regulation 4.2.6 of the 2013 Regulations, upon the security deposit crossing the limit of 2 sufficiency, the amount in excess of the sufficient security deposit is supposed to be either refunded to the concerned consumer or adjusted with the relevant consumer’s bills. 5. It is submitted that if none of the aforesaid is done, then such excess amount would carry interest @ 10% per annum in terms of the said regulation. 6. It is then submitted that in the present case, nothing has been done although the security deposit held by the WBSEDCL Authorities in respect of each of the petitioners is more than sufficient. 7. Mr. Nayak, learned Advocate appearing for the respondent WBSEDCL Authorities submits that while twenty four writ petitioners have joined together in one petition, sufficient particulars and details of none of the petitioners have not been made available. It is submitted that unless the same are made available, it would be impossible for the WBSEDCL Authorities to assess the correctness of petitioners’ contention. 8. Heard learned Advocates appearing for the respective parties and considered the material-on-record. 9. The issue raised by the petitioners is one that requires a detailed fact finding exercise. The matter may not be as simple as has been 3 sought to be projected by the petitioners. The quantum of security deposit taken by the electricity licensee from a consumer at the time of granting connection or effecting electricity supply to such consumer at the initial stage may not remain the same throughout the period during which such consumer enjoys such electricity supply. It depends on several factors like consumption pattern, changes in tariff and slab rates, alteration of sanctioned load or contract demand etc. It is not clear as to what has happened in the case of the petitioners. 10. In such view of the matter, it is not proper for this Court exercising writ jurisdiction under Article 226 of the Constitution of India to undertake such fact finding exercise at the threshold. 11. Therefore, without expressing any opinion on the merits of the petitioners’ case, the petitioners should be granted an opportunity to approach the Regional Manager South 24 Parganas Region, WBSEDCL (i.e. the respondent no.5 in the present writ petition) with appropriate representation providing all relevant details and information. 12. If such representation is made, the respondent no.5 shall consider such representation in accordance with law and in the light of Regulation 4.2.6 of the aforesaid 2013 4 Regulations and dispose of the same by passing a reasoned order within a period of 12 weeks from the date of making of such representation. 13. The respondent no.5 shall afford an opportunity of hearing to the petitioners through their representative or representatives as the case may be. 14. The said respondent shall communicate the reasoned order to the petitioners within a week of passing thereof. 15. It is once again clarified that this Court is not gone into the merits by the petitioners’ case and all points are left open to be urged before and to be decided by the respondent no.5, in accordance with law. 16. WPA 1703 of 2026 stands disposed of. No costs. 17. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Om Narayan Rai, J.)