Deb Kumar Samanta v. West Bengal State Electricity Distribution Company Ltd. And ORS.

24.06.2024 Sl. No.57(DL) srm W.P.A. No. 2484 of 2024 Deb Kumar Samanta

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West Bengal State Electricity Distribution service Company Limited & Ors.

Mr. Anindya Kumar Das, Mr. Ratul Deb Banerjee, Mr. Subrata Mondal, Ms. Paramita Mondal ...for the Petitioner.

1. Despite service, no one appears on behalf of the respondents. Affidavit-of-service is taken on record.

2. The grievance of the petitioner as addressed from the Bar and as pleaded in the writ petition, do not tally.

3. It appears that the petitioner had obtained an STW connection for agricultural purpose, on his land. The petitioner has filed the writ petition alleging that the private party was trying to take electricity connection from the said transformer, which was installed at the instance of the petitioner. Subsequently, the land of the petitioner, on which the connection was granted, was converted to a 'bastu ́ land.

4. Thus, this Court is not convinced as to whether the transformer which was installed for an agricultural connection can at all be retained in the plot of land in question. Moreover, a transformer is the property of the distribution company. It is not for the petitioner to dictate terms to the distribution company as to how and to whom connection should be given, unless the petitioner can point out blatant illegality on the part of the authorities.

5. Under such circumstances, the writ petition does not merit any consideration. If the petitioner finds any illegality at a later stage, the petitioner will be at liberty to proceed in accordance with law.

6. The writ petition is accordingly dismissed.

7. There shall be no order as to costs.

8. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)