Ashutosh Das v. Wbsedcl Ltd And ORS

14.03.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 4308 of 2024 Ashutosh Das Vs.

The West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Kaushik Sarkar, Ms. Suman Sahani ...for the petitioner Mr. Debjit Mukherjee ...for the WBSEDCL Ms. Jayeeta Sinha, Mr. Ranjit Rajak ...for the State

1. The petitioner submits that the petitioner applied for electricity connection but the same could not be given due to resistance by the private respondents.

2. It transpires from the affidavit of service filed in court today that due service has been effected on all the respondents.

However, the private respondents choose not to appear at the time of call.

3. Learned counsel appearing for the West Bengal State Electricity Distribution Company Limited (WBSEDCL) contends that previously, on an application of the petitioner for electricity connection, inspection was held by the WBSEDCL and a quotation was raised, but the petitioner did

not pay the amount against the said quotation, for which the connection could not be given.

4. However, due to expiry of 180 days, the said application has lapsed, for which a new application is required to be made by the petitioner.

5. Learned counsel for the State files a report, which is also kept on record, indicating that no complaint has yet been received by the police authorities with regard to the dispute raised herein.

6. Learned counsel for the petitioner submits that a new application has already been made by the petitioner.

7. Be that as it may, in the facts and circumstances of the case, W.P.A. No. 4308 of 2024 is disposed of by granting liberty to the petitioner to apply afresh for a new electricity connection, if not already filed after the lapse of the previous application, within a week from date.

8. In the event such an application is filed or is already in the records of the WBSEDCL, the WBSEDCL shall raise a quotation and issue an offer letter to the petitioner.

9. The petitioner shall comply with all formalities at the earliest thereafter.

10. Upon such formalities being complied with, the WBSEDCL shall give the electricity connection to the petitioner within a fortnight from the date of such compliance by the petitioner.

11. In the event any obstruction is raised from any quarter, it will be open the WBSEDCL personnel to approach the respondent no. 3, that is, the Officerin-Charge, Egra Police Station, who will act on the written communication of the learned advocates and/or a server copy of this order and grant adequate assistance to the WBSEDCL personnel to comply with this order, at the cost of the petitioner.

12. There will be no order as to costs.

13. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)