Khudiram Barman And ANR. v. The West Bengal State Electricity Distribution Company Limited And ORS.

Item No.29 25.06.2024 Court. No. 9 GB W.P.A. 3924 of 2024 Khudiram Barman & Anr.

Vs.

The West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Amal Krishna Samanta, Mr. Subhas Jana ... for the Petitioners.

Mr. Jayanta Basu ... for the WBSEDCL.

Mr. Santanu Kumar Mitra, Ms. Jyotsna Roy Mukherjee ... for the State.

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

Despite service, none appears on behalf of the respondent no.8. The matter is being disposed in his absence as no mandatory direction, adverse to the interest of the respondent no.8, is being passed.

The petitioners allege that the connection to the submersible pump of the respondent no.8 had been effected. Thereafter, the said STW pump was shifted to another plot. The distance between the petitioner's pump and the STW pump of the respondent No. 8 at present, is less than 200 meters. The norms require that at least a distance of 200 metres should be maintained.

It appears from the records that an objection was raised by the petitioners before the Station Manager, Patashpur Customer Care Centre, West Bengal State Electricity Distribution Company. It also appears that the

respondent no.8 was issued a notice on January 15, 2024 calling upon him to produce records and prove as to how the pump could be shifted.

Under such circumstances, the writ petition is disposed of directing the Station Manager, Patashpur Customer Care Centre, West Bengal State Electricity Distribution Company to treat the writ petition as a representation and dispose of the same in accordance with law upon granting an opportunity of hearing to all the parties. The issue with regard to maintaining distance between the pumps and shifting of the pump to another plot, shall be decided in accordance with law.

A reasoned order shall be passed and communicated to all the parties.

The entire exercise shall be completed within a period of four months from the date of communication of this order. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)