Sarifa Sk v. State Of West Bengal And ORS.

10.03. 2021 jb.

W.P.A. 4733 of 2021 (Sarifa Sk. vs. State of West Bengal & Ors.) Mr. Sanjib Das .... For the Petitioner Mr. Swapan Banerjee Mr. Sougata Mitra .... For the State Mr. Amitabh Shukla Mr. Prakash Ch. Pandey .... For the Respondent Nos. 2-5 Ms. Karabi Roy .... For the Private Respondents The grievance of the petitioner is against the refusal of the respondent Distribution Company to provide an electricity connection in the name of the petitioner at the subject premise.

The respondents Nos.

to are represented and submit that they had installed electric poles for such connection to the premises of the petitioner but the private respondents had removed such installation. The private respondents are represented and submit that there is a mass objection to the installation of such electric poles since the same is installed on vested land which is enjoyed by the locals for religious purpose.

The State respondents are represented and they submit a report dated 23rd February,

2021 issued by the Officer-in-charge of the Palashipara Police Station, Nadia.

In view of the disputed questions of fact which arises for consideration in this petition, I am of the view that the matter should be remanded to the concerned District Magistrate who is directed to consider the request of the petitioner for an electricity connection and decide the same after giving a right of hearing to all the parties including the private respondents.

The aforesaid exercise is to be completed within a period of eight weeks from the date upon receipt of a copy of this order.

With the aforesaid directions, W.P.A.

4733 of 2021 is disposed of.

There will be no order as to costs.

Photostat certified copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Ravi Krishan Kapur, J.)