JUDGEMENT
JAYANTA KUMAR BISWAS,J. -
(1.) The petitioners in this Article 226 petition dated June 24, 2011 are seeking the following principal relief:
"a) Writ/Writs. Order/Orders. Direction/Directions in the nature of Mandamus commanding the respondent Nos. 1 to 3 and/or their officials and/or subordinate to forthwith to rescind/ cancel/ stop/ withdraw any act/ activities/ action taken/proposed to be taken, with regard to electric bill raised against the Petitioners connection electric meter. being ST321636, against consumer No. 1131243."
(2.) Mr Mukherjee appearing for the petitioners submits under instructions that the petitioners actually not disputing the correctness of the bill are aggrieved by the fact that the official concerned of the licensee has not agreed to give them more than 12 instalments to pay the outstanding energy charge mentioned in the bill. He has prayed for an order directing the licensee to consider the question of granting the petitioners suitable instalments accepting their offer to pay delayed payment surcharge.
(3.) The provisions of Reg.3.4.3 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations. 2007 provide that the licensee may grant at its sole discretion the facility of payment of arrear bills to any consumer by suitable instalments with delayed payment surcharge subject to sub-Section (2) of Section 56 of the Electricity Act. 2003. This means that a consumer in a position to pay the outstanding energy charge claimed by a licensee raising a bill can request the licensee to grant him instalments provided he agrees to pay the delayed payment surcharge.;
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