Ganesh Mondal @ Khepa Mondal v. West Bengal State Electricity Distribution Company Limited And ORS.
Sl. No.25 16.04.2025 Suman Ct. 15 WPA 4251 of 2025 Ganesh Mondal @ Khepa Mondal Vs.
The West Bengal State Electricity Distribution Company Limited and Ors.
Mr. Dinendra Nath Chatterjee ..for the petitioner Mr. Asif Dewan ..for WBSEDCL Mr. Uday Sankar Chattopadhyay Ms. Aishwarya Datta ....for the private respondents Mr. Vimal Kumar Shahi Ms. Pratiti Das ..for the State The respondents numbered 6 to 8 applied for a new electricity service connection. The petitioner, however, raised an objection, alleging that the West Bengal State Electricity Distribution Company Limited (WBSEDCL) had attempted to install an electricity pole on the petitioner's land.
On July 12, 2024, a Co-ordinate Bench of this Court, through an order in WPA 8109 of 2023, referred the matter to the District Magistrate for consideration. In response, the District Magistrate, by an order dated September 10, 2024, directed the WBSEDCL to install
the pole beyond the petitioner's land as part of an emergency service.
Subsequently, the writ petitioner filed the present petition, alleging that the WBSEDCL, in violation of the District Magistrate's order of September 10, 2024, installed a pole on the petitioner's land.
The counsel for the WBSEDCL contends that the land boundaries of the petitioner and respondents 6 to 8 have not been demarcated. Consequently, the concerned Block Land & Land Reforms Officer has been requested to carry out a demarcation, and based on this demarcation report, the WBSEDCL will proceed with the installation of the pole. While the WBSEDCL does not dispute the installation of the pole, it affirms that no electricity connection has been established as of yet. In light of these circumstances, the writ petition is disposed of with the following directions: The WBSEDCL is to install the pole in accordance with the demarcation report submitted by the concerned Block Land & Land Reforms Officer. The survey for the demarcation shall be carried out in the presence of both the petitioner and respondents 6 to 8.
This process must be completed within three months from the date of this order. Until a decision is made regarding the pole's installation, the WBSEDCL shall not provide any electricity connection to the premises of respondents 6 to 8 from the pole that has already been installed.
Officer-in-Charge of the Gangnapur Police Station is directed to provide necessary assistance to the concerned officials in implementing this order.
Accordingly, WPA 4251 of 2025 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.
(Kausik Chanda, J.)