Pulin Naskar v. State Of West Bengal And ORS.

18.04.2022 TN WPA No. 4870 of 2022 Pulin Naskar Vs.

The State of West Bengal and others Mr. Sounak Bhattacharya, Mr. Sounak Mondal .... for the petitioner Mr. Tarun Kumar Ghosh, Mr. Benazir Ahmed .... for the State Ms. Mitali Bhattacharya .... for the WBSEDCL Pursuant to an order dated November 26, 2019 passed by a coordinate Bench of this court in W.P. 17168(W) of 2019, the matter regarding electricity connection being given to the petitioner in the teeth of objections taken by certain persons, was referred to the concerned District Magistrate. However, learned counsel for the petitioner contends that the District Magistrate has been sitting tight over the matter since then.

Learned counsel appearing for the State, however, hands up a photocopy of an order sheet of

the relevant case, which indicates that the District Magistrate decided the issue in favour of the petitioner, directing the Assistant Engineer, WBSEDCL to effect the electricity connection to the petitioner, Pulin Naskar, within two weeks from the date of communication of such order, along with other consequential directions, including police help. Although it is submitted by learned counsel for the State that copies of the said order were duly sent to the WBSEDCL, learned counsel for the Distribution Licensee pleads absence of knowledge in such regard. The learned advocate for the petitioner also submits that no copy of the order was served on the petitioner. Be that as it may, the learned Advocate for the State is requested to circulate copies of the order sheet handed up in court today, a copy of which is kept on record, during the course of the day to the learned Advocates appearing for the petitioner and the WBSEDCL.

The WBSEDCL shall immediately comply with the order of the District Magistrate dated April 04, 2022 as expeditiously as possible, preferably within a fortnight from date.

It will be open to the WBSEDCL personnel, in the event any obstruction is raised from any quarter in giving such connection to the petitioner over the only

plausible route for giving such connection as per the inspection report of the WBSEDCL, to approach the local Police Station for adequate police assistance. If so approached, the Officer-in-Charge/Inspector-inCharge of the local police station at the neighbourhood of the premises, where the electricity connection is to be given, shall provide such assistance to the WBSEDCL personnel at the cost of the petitioner. For the purpose of compliance of this order, the said Officer-in-Charge/Inspector-in-Charge (as applicable) shall act on the written communication of the learned Advocate for the petitioner, accompanied by a server copy of this order, without insisting upon prior production of a certified copy.

WPA No. 4870 of 2022 is, accordingly, disposed of.

There will be no order as to costs.

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

(Sabyasachi Bhattacharyya, J.)