Samar Naskar v. The Chairman, W.B. State Electricity Distribution Company Limited And ORS

AD. 16.

February 8, 2022.

MNS.

(Through Video Conference) WPA No. 88 of 2022 Samar Naskar Vs.

The Chairman, West Bengal State Electricity Distribution Company Limited and others Syed Mosihar Rahman ...for the petitioner.

Mr. Saurav Chaudhuri ...for the WBSEDCL.

Affidavit-of-service as well as supplementary affidavit filed in Court today be kept record. Despite service on the private respondent no. 5, none appears on behalf of the said private respondent when the matter is called on for hearing. The grievance of the petitioner is that, due to obstruction created by the private respondent no. 5, the West Bengal State Electricity Distribution Company Limited (in short 'WBSEDCL') is being unable to give a new electric connection to the petitioner at the latter's premises.

Learned counsel for the WBSEDCL corroborates such stand and submits that unless police help is granted to the WBSEDCL personnel for giving such connection, the same cannot be given

due to hindrance created by the private respondent no. 5 and his men and agents.

In such view of the matter, WPA No. 88 of 2022 is allowed, thereby directing the WBSEDCL to give a new electric connection to the petitioner, subject to compliance of all other formalities by the petitioner in that regard, within three weeks from this date and/or the compliance of all formalities, whichever is later.

If any resistance is offered by the private respondent no. 5 and his men and agents or any third party during such connection being given, it will be open to the personnel of the WBSEDCL to approach the respondent no.

4, the Officer-in-Charge, Shyampur Police Station, for adequate police assistance. If such an approach is made, the respondent no. 4 shall act on a server copy of this order and provide such assistance at the costs of the petitioner.

It is made clear that in the event any padlock is affixed on the route of access of the WBSEDCL personnel to the meter box location, it will be open to the police personnel to break open such padlock for the limited purpose for giving such electric connection.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)