Rahul Pakhira v. Wbsedcl And ORS.
AD-15 Ct No.09 22.02.2023 TN WPA No. 3643 of 2023 Rahul Pakhira Vs.
The West Bengal State Electricity Distribution Company Limited and others Mr. Arunava Ganguly .... for the petitioner Mr. Sumit Kumar Panja, Mr. Sumit Ray .... for the WBSEDCL Learned counsel for the petitioner alleges that due to obstruction raised by respondent no. 4, the West Bengal State Electricity Distribution Company Limited (WBSEDCL) is not being able to give new electricity connection to the petitioner.
Such contention is agreed to by learned counsel for the WBSEDCL, who submits that the WBSEDCL has made efforts to give such connection but due to obstruction by some people, including respondent no.4, the same could not be given. It is further submitted that litigation is pending in connection with the property.
Since, despite service, none appears for private respondent no.4 at the time of call, the matter is
taken up for hearing ex parte in his absence. Affidavitof-service filed in court today be kept on record. Learned counsel for the petitioner has contended, which has not been opposed by learned counsel for the WBSEDCL, that no injunction order has been passed in connection with the said suit. Hence, there can be no impediment for the WBSEDCL to give electricity connection to the petitioner.
Accordingly, WPA No. 3643 of 2023 is allowed, thereby directing the WBSEDCL to give electricity connection to the petitioner subject to compliance of all formalities by the petitioner within a week from date and/or from compliance of all formalities, whichever is later. If any obstruction is raised by respondent no.4 and/or his men and agents, it will be open to the WBSEDCL personnel to approach the respondent no.3, the Officer-in-Charge, Dadpur Police Station for adequate police assistance. The respondent no.3 shall give such assistance to the WBSEDCL personnel by acting on a server copy of this order and at the cost of the petitioner.
There will be no order as to costs.
Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Sabyasachi Bhattacharyya, J.)