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2026 DAILYLAW 41599 (CAL)

SER ALI KHAN v. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LTD. AND ORS.

WPA/19487/2026 · 2026-09-17

Om Narayan Rai

body2026

Judgment text

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17.09.2026 Item No.17 (DL) Court No.7 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 19487 of 2026 Ser Ali Khan -Vs- The West Bengal State Electricity Distribution Company Limited & Ors. Mr. Debasis Sur, Ms. Rekha Das. … for the petitioner. Mr. Srijan Nayak, Ms. Rituparna Maitra. ….for the WBSEDCL. 1. This writ petition alleges arbitrary action on the part of the respondent WBSEDCL Authorities in demanding a sum of Rs.1,05,263/- and Rs.83,706.44/- by way of a letter dated July 17, 2026. 2. On August 21, 2026 a recommendation had been made by the Zonal Level Empowered Committee whereby a sum of Rs.50,000/- charged as LPSC was waived and the petitioner was found liable to pay LPSC to the tune of Rs.25,908/- only. 3. On September 03, 2026 a letter was issued by the petitioner calling upon the petitioner to pay a sum of Rs.52,622/- which has been recorded in the order dated September 10, 2026. 4. Both Mr. Sur, learned Advocate appearing for the petitioner and Mr. Nayak, learned Advocate appearing for the 2 respondent WBSEDCL Authorities submit that subsequently, another letter dated September 10, 2026 has been issued to the petitioner. A copy thereof has been handed up to Court. The same is taken on record. 5. The said letter bearing Memo No. TRKCCC/LTR/484 dated September 10, 2026 gives a clear picture of the outstanding required to be cleared by the petitioner. The same indicates that a sum of Rs.58,701.97/- is due and payable by the petitioner. It reveals that on August 10, 2011 a sum of Rs.53,973/- was payable by the petitioner on account of pilferage of electricity. 6. Out of the said sum an amount of Rs.27,000/- was paid in four installments by July 18, 2012. The balance amount was paid only on September 23, 2015. Accordingly, LPSC accrued on the balance amount which comes to Rs.25,907.55/-. 7. Now since the said LPSC remained unpaid, further LPSC accrued and therefore a sum of Rs.58,701.97/- is due and payable as on September 10, 2026. 8. If the petitioner pays of the aforesaid sum, then the dues as on September 10, 2026 will stand cleared. 9. Accordingly, the petitioner is left free to pay the aforesaid sum of Rs.58,701.97/-. If 3 the petitioner pays the aforesaid sum, the dues payable by the petitioner till September 10, 2026 would stand cleared. 10. It will be open to the petitioner to make request to the WBSEDCL Authorities for payment of the aforesaid sum in installments. However, no mandatory order in such regard can be passed by this Court. It will be entirely in the domain of the WBSEDCL Authorities to consider such request and to either allow the petitioner or disallow him to make payment on installments. However, the petitioner should bear in mind that if the petitioner does not pay the said amount, the petitioner would have to be ready to bear further LPSC. 11. With the aforesaid observations, WPA 19487 of 2026 stands disposed of. No costs. 12. 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.)