Rasid Jamadar v. West Bengal State Electricity Distribution Company Limited And ORS

24.09.2024 Sl. No. 1.

D/L.

Tamal/ Mithun Ct.No.03.

WPA 788 of 2024 Rasid Jamadar Vs.

West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Pallab Kumar Mitra, Mr. Koushik Bhatta, Ms. Kritika Jain ..for the petitioner Ms. Chandana Ghosh, Ms. Gargi Roy ...for respondent nos.6 to 10.

Mr. Sujit Sankar Koley ...for the WBSEDCL.

The present writ petition has been filed by the petitioner seeking a direction to the respondent nos. 13 for disconnection of electricity connections provided illigally to the private respondent Nos. 6-10 over the property belonging to the petitioner, i.e. Dag No. 288 situated at Mouza- Jagodishpur, J.L. No.- 27, Khatian No.- 282, District- North 24 Parganas within the local limits of Rajarhat- Bishnupur 1 no. Gram Panchayat which is absolutely and entirely possessed by the writ petitioner and other legal heirs of the deceased father of the writ petitioner.

It is the grievances of the petitioner that the respondent nos. 1 to 3 (W.B.S.E.D.C.L) that is the electricity company has illegally installed the electricity connection to the premises of the private respondent Nos. 6-10 over the premises owned by the petitioner without his prior consent or authorization. The petitioner also contended that the unauthorized action of the installation of new electricity connection by the electricity company is absolutely illegal.

Learned counsel for the petitioner further submitted that the petitioner has made a detailed representation dated 22-11-2023 to the electricity company outlining his concerns and requesting for the removal of the alleged electricity connections.

However, no action has been taken by the electricity company on this representation till date.

Learned counsel for the respondent nos. 1 to 3 (W.B.S.E.D.C.L) states that they shall decide the representation of the petitioner dated 22-11-2023 in a time bound manner, preferably within a period of 6 weeks from the date of communication of this order after affording an opportunity of personal hearing to the petitioner as well as the private respondents. The respondent no. 2 shall pass a speaking order after affording an opportunity of hearing. The same shall be

communicated to the petitioner as well as the private respondents within a period of 1 week from passing of the said order.

In view of the concession made by the learned counsel for the respondent Nos. 1 to 3, the learned counsel for the petitioner does not wish to press the present writ petition at this stage and also contended that he would be satisfied if the representation dated 22.11.2023 is duly considered and addressed by the electricity company i.e. respondent no. 2 in the above terms.

Needless to mention that the petitioner as well as private respondents will be at liberty to challenge the speaking order passed by the respondent no. 2 if they are aggrieved by the same. With the above directions, the present writ petition is disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties after compliance of all requisite formalities.

(Gaurang Kanth, J.)