Bholanath Ghosh v. Chairman,Wbsedc Ltd. And ORS

09.03. 2021 jb.

W.P.A. 1450 of 2021 (Bholanath Ghosh vs. Chairman, WBSEDCL & Ors.) Mr. Tushar Kanti Mukherjee Mr. Hiranmay Dutta .... For the Petitioner Mr. Soumyajit Chakraborty .... For the WBSEDCL Mr. Arijit Bakshi .... For the Respondent No. 5 The grievance of the petitioner is directed against the unlawful and illegal installation by the respondent Distribution Company on the petitioner's land. The petitioner complains that the private respondent has been enjoying electricity by virtue of an electric connection which is running through the petitioner's land.

The respondent Distribution Company is represented and submits that the said installation had taken place as far back as in 2011 with the consent of the petitioner.

The private respondent is represented and submits that there is a civil dispute and no order should be passed in favour of the petitioner. In view of the disputes raised in this writ petition, I direct the concerned District Magistrate to consider

and dispose of the representation of the petitioner dated 4th December, 2020 (Annexure P/2 at page 10). The District Magistrate is directed to give a right of hearing to all the affected parties including the private respondent and the respondent Distribution Company. The aforesaid exercise is to be completed by the District Magistrate within a period of six weeks from date. With the aforesaid directions, W.P.A. 1450 of 2021 is disposed of.

There shall be no order as to costs.

Photostat certified copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Ravi Krishan Kapur, J.)