02.09.2026 rpan/02 WPA (P) 521 of 2025 Tapas Banerjee - Versus - The State of West Bengal & Others Mr. Uday Sankar Chattopadhyay, Ms. Bidisha Chakraborty … for the Petitioner. Mr. R. Mazumder, Mr. Ajit Kumar Mishra, Mr. Madhu Jana, Mr. Gopal Krishna Sarkar, Ms. P. Sonkar … for the State/Respondents. Mr. Supriyo Chattopadhyay … for the WBSEDCL. The present public interest litigation (in short PIL) was preferred primarily praying for issuance of necessary direction upon the respondent authorities ‘to restore the deep tube well’s electricity connection and ensure uninterrupted water supply for cultivation at Kamarpur village, Mouza of Guma No.2 Panchayat under Habda Block No.2 under Ashoknagar Assembly constituency’. Records would reveal that the writ petition was preferred stating inter alia that the deep tube well water supply in Kamarpur village was suddenly stopped in the year 2021. Upon enquiry, the villagers came to learn that the electricity bills have not been paid since the year 2019. Despite payment of the electricity bills by the villagers to the private respondent nos.10 and 11, the said respondents did not pay the said amount to the electricity office. In the PIL initially an order was passed on 12th December, 2025 directing the jurisdictional Block Development Officer, being the respondent no.8 to cause an enquiry and to submit a report. Pursuant to such direction, the said respondent no.8 filed a report on 1st February, 2026 wherein it was stated inter alia that a Committee was formed amongst the farmers/family of the said villagers with the guidance of the respondent no.7. The said Committee decided that the respondent nos.10 and 11 would act as joint operators of the bank account and they would collect the electricity charges from the villagers and pay the same to the electricity authorities. In the said report, it was also stated that the Station Manager, Guma, WBSEDCL (in short, the said Manager) had informed that the outstanding arrear bill amounting to Rs.7,69,106/- had not been paid. The Bank Manager, Indian Bank, Guma Branch also affirmed that the respondent no.10 submitted a cheque of the said amount dated 17th December, 2025 in favour of the said Manager but the said cheque had been dishonoured. In view of such facts, this Court by an order dated 9th July, 2026 directed the Inspector-in- Charge, Ashokenagar Police station to ensure the presence of the respondent nos. 10 and 11 before this Court. Pursuant to such direction, the respondent nos.10 and 11 appeared and on their behalf, it was submitted that the amount of Rs.7,69,106/- would 2 be paid in the bank account of the said Manager by 24th July, 2026. The said amount was ultimately paid. But when the matter was taken up for further consideration on 4th August, 2026, it was submitted that due a late payment, a surcharge to the tune of Rs.13,13,125.81p is payable by the concerned committee of the villagers and until such payment is made the electricity connection cannot be restored. In course of hearing on 4th August, 2026, the Court was apprised that a new Committee of beneficiary farmers has been constituted and that the said Committee would take necessary steps for effecting necessary repairs so that water connection can be restored for the benefit of the villagers at large. Today, Mr. Chattopadhyay, learned advocate appearing for the petitioner has informed this Court that subsequent to the order passed by this Court, the competent authority had restored the electricity connection and the villagers are enjoying water supply for cultivation. However, the electricity authorities are insisting for payment of the surcharge to the tune of Rs.13,13,125.81p and unless the said amount is paid along with the amount of the next monthly/quarterly bill, the electricity connection would again be disconnected. Mr. Supriyo Chattopadhyay, learned advocate appearing for the WBSEDCL submits that admittedly a substantial amount remained unpaid in the records 3 of the WBSEDCL pertaining to the electricity connection since the year 2014 and accordingly, in terms of the relevant guidelines the late payment surcharge became payable, which has now amounted to Rs.13,13,125.81p. The WBSEDCL is a statutory body and it caters to the need of all the consumers in the State of West Bengal. Unless it gets regular payment of the bills, its functions are affected. In view thereof, the late payment surcharge should be paid by the villagers and its Committee, who have not been able to submit the regular bills within the time stipulated. For such fault on the part of the villagers, the consumers of the entire State cannot be made to suffer. We have heard the learned advocates appearing for the respective parties and considered the materials on record. Indisputably, the villagers made regular payments pertaining to the electricity charges to the Committee constituted by them. Unfortunately, the persons, who were at the helm of affairs and who were granted the responsibility to be the signatories in the bank account and to disburse the amount collected from the villagers to the said Manager, had misappropriated the entire amount of Rs.7,69,106/-. For such illegal activities of the respondent nos. 10 and 11, the villagers at large cannot be made to suffer. As this Court intervened, the respondent nos. 4 10 and 11 could be brought before this Court and they were directed to pay the amount collected from the villagers to the said Manager. Pursuant to such direction, the respondent nos.10 and 11 ultimately deposited the said amount to the said Manager. For the fault of the delinquents herein, being the respondent nos.10 and 11 the villagers cannot be made to suffer. In the said conspectus, we direct that the late payment surcharge of Rs.13,13,125.81p shall not be imposed upon the villagers and no steps shall be taken by the authorities of the WBSEDCL towards recovery of the said late payment surcharge from the villagers pertaining to the electricity bills. We make it clear that the present order has been passed in the peculiar facts and circumstances of the case and the same shall not be treated as a precedent. With the above observations and directions, the present PIL, being WPA (P) 521 of 2025 is disposed of. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities. (Atarup Banerjee, J.) (Tapabrata Chakraborty, A.C.J.) 5