Buddhadeb Ghosh v. The West Bengal State Electricity Distribution Company Limited And Others

28th February, (AK) WPA 2436 of 2022 (Via Video Conference) Buddhadeb Ghosh Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Baidurya Ghosal Mr. Mukul Biswas ...for the petitioner.

Mrs. Rituparna Maitra ...for WBSEDCL.

Mr. Sumit Kumar Panja Mr. Sumit Ray ...for the WBSETCL.

Affidavit-of-service filed in court today be kept on record.

Learned counsel for the petitioner, in his usual fairness, submits that, during pendency of the present writ petition, the Transmission Company, that is, the West Bengal State Electricity Transmission Company Limited (WBSETCL) has communicated in writing to the petitioner expressing the intention to consider the representation given by the petitioner with regard to the installation of an electric connection over the petitioner's land.

Learned counsel for the Transmission Company supports such contention and also reiterates that the

Transmission company is agreeable to consider and dispose of the said representation of the petitioner. In such view of the matter, WPA 2436 of 2022 is disposed of by directing the WBSETCL to consider and decide the representation of the petitioner, annexed at page-17 of the writ petition, in terms of the assurance given by the Transmission Company by its communication dated February 9, 2022, a copy of which is handed over in court and kept on record.

It is made clear that such consideration shall be undertaken by the Transmission Licensee within three weeks from date.

The Transmission Company, while so deciding, shall also consider the issue of compensation, if any, payable to the petitioner on the score of damages, etc., done to the land of the petitioner in the process of doing such work. The parties, as well as all concerned, shall act on the written communication of the learned Advocates for the parties, coupled with server copies of this order, without insisting upon prior production of a certified copy thereof.

The Transmission Company, if necessary, shall also give an opportunity of representation/hearing to the petitioner while considering the petitioner's representation.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)