Jyotsna Panja v. State Of West Bengal & ORS

10.02.2021 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 862 of 2020 Smt. Jyotsna Panja Vs.

State of West Bengal & Ors.

Mr. Subrata Bhattacharya ... For the petitioner Mr. Jayanta Basu ... For WBSEDCL Mr. Sk. Mujibar Rahaman Mr. Debasish Chattopadhyay ... For the State Affidavit of service affirmed on 8th February, 2021 filed in Court today is taken on record. It appears from the said affidavit of service that the Department of Posts, India, has confirmed the delivery of the amended writ petition on the respondent no.8 who was added as a party respondent pursuant to the order dated 10th December, 2020. The respondent no.8 (private respondent) has remained absent on 11th January, 2021 and again on 27th January, 2021 when the matter was taken up. The private respondent remains absent even today and, as such, the matter is taken up in the absence of the private respondent. The petitioner's line has been disconnected and the petitioner seeks reconnection.

West Bengal State Electricity Distribution Company Limited (hereinafter referred to as "WBSEDCL") has

submitted that on two occasions attempts were made for reconnecting the petitioner's supply but due to the objection from the private respondent, the supply could not be reinstated.

In the facts and circumstances as aforesaid, I direct WBSEDCL to give reconnection to the petitioner by 20th February, 2021 subject to payment of all cost and charges, if not already paid and compliance with necessary formalities by the petitioner.

The respondent no.7, being the Officer-in-Charge, Budbud Police Station, Paschim Bardhaman, is directed to ensure that there is no breach of peace at the premises in question or in and around the said premises at the time when the reconnection is given to the petitioner by the officials of WBSEDCL.

The petitioner and WBSEDCL shall, well in advance, inform the Officer-in-Charge of Budbud Police Station, being the respondent no.7, about the date and the tentative time when the officials of WBSEDCL shall visit the premises for giving reconnection to the petitioner. Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)