Mamoni Bhunia v. W.B. State Electricity Distribution Company Ltd. & ORS

29.01.2021 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 3127 of 2020 Smt. Mamoni Bhunia Vs.

The West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Saibal Acharya Mr. Pradip Paul ... For the petitioners Ms. Bandana Basu ... For WBSEDCL Ms. Anandamayi Ghosh Mr. Debasis Ghosh ... For the respondent no.5 Affidavit of service filed in Court today is taken on record.

The petitioner is seeking restraint order against the respondent no.5 (private respondent) from getting an electric connection to operate a submersible pump in a plot of land now said to be owned and occupied by the petitioner. The petitioner says that by a Deed of Exchange, the petitioner and the private respondent exchanged two decimals of land. The petitioner, in exchange, has given the private respondent a valid plot of land whereas in exchange has received a plot of land which stood vested prior to the exchange. The private respondent did neither disclose the vesting nor had the record of right corrected. The

petitioner, therefor, is unable to use and enjoy the plot allotted to the petitioner on exchange.

The private respondent, however, denies the submission made by the petitioner.

On behalf of the petitioner, it is submitted that the writ petition was filed in the contemplation that the petitioner's further redressal of grievance in an appropriate proceeding may be jeopardised in the event an electric connection is given to the private respondent for operating the submersible pump in the plot received by the private respondent in exchange. The petitioner, however, now intends to withdraw the writ petition on being so advised. The writ petition is dismissed as withdrawn without any order as to costs.

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

(Arindam Mukherjee, J.)