Tabir Hossain Mallick & ORS v. The West Bengal State Elec. Dist. Co. Ltd. & ORS

08.01.2021 sb Ct23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1704 of 2020 (Through Video Conference) Tabir Hossain Mallick & Ors.

Vs.

West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Imtiaz Ahmed, Mr. Abdul Hamid, Ms. Smita Saha, Mr. Supriya Majumder, Ms. Shaila Afrin, Mr. Sk. Saidullah, Ms. Arunima Mukhopadhyay, Mr. Debopam Roy ... For the petitioners.

Mr. S. S. Koley ... For WBSEDCL.

Mr. Wasim Ahmed, Mr. Aritra Ghosh .... For the State.

Affidavit of service filed in Court today is taken on record.

The petitioners require a certificate from the District Magistrate for necessary statutory compliance to get the electric connection to operate submersible pump. Previously, the respondent no.5, being the senior Geologist, Geological Division, used to grant this certificate nut now due to the change in law it is being granted by the concerned District Magistrate. The petitioner says in 2016, eleven persons had applied for the certificate out of which five had been granted the same but the petitioners being seven in numbers have not received such

certificate.

Considering the materials on record and the submissions made on behalf of the parties, I permit the petitioners to apply before the concerned District Magistrate for the necessary certificate within 21st January, 2021.

The District Magistrate (respondent no.8) if approached, shall decide the issue as to whether the respective petitioners are entitled to a certificate and if so, shall grant such certificate as expeditiously as possible. The entire exercise shall be concluded by the District Magistrate within a period of two months from the date of being approached, after affording a reasonable opportunity of hearing to the petitioners and by passing a reasoned order. The order shall be communicated to the petitioners within seven days from being passed. Nothing further remains to be adjudicated in the writ petition and the same is accordingly disposed of without any order as to costs.

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

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

(Arindam Mukherjee, J.)