Binata Mondal v. West Bengal State Electricity Distribution Company Ltd And ORS

10.05.2022 TN WPA No. 6840 of 2022 Binata Mondal Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Debabrata Sardar, Mr. Mrinal Kanti Maity .... for the petitioner Mr. Mani Sankar Chattopadhyay, Mr. S. Chatterjee .... for the respondent nos.1 to 4 Affidavit-of-service filed in court today be kept on record.

The grievance of the petitioner is that, despite the petitioner having given a representation, the Distribution Licensee has not been given a new electricity connection in the name of the petitioner. Learned counsel appearing for the West Bengal State Electricity Distribution Company Limited (for short "the WBSEDCL") expresses his surprise at the fact that despite being advised, the petitioner, instead of filing a formal application in the appropriate format, is pursuing the present writ petition.

Upon perusal of the materials annexed to the writ petition, it is evident that no formal application for new connection has been filed by the petitioner but only a representation has been given.

However, unless the petitioner files a formal application in appropriate format, it is not the incumbent duty of the WBSEDCL to consider a mere representation for the purpose of giving a new connection to the petitioner. Although the petitioner expresses apprehension regarding objection from the private respondent no.6, that is, the brother of the petitioner in getting electricity connection, that cannot be a reason for prejudging the issue even prior to the petitioner filing a proper application for new connection.

Accordingly, WPA No.6840 of 2022 is disposed of by granting leave to the petitioner to apply in proper format before the WBSEDCL for getting a new electricity connection in his name at the premises-inquestion. If such an application is made, subject to compliance of all formalities by the petitioner, the WBSEDCL shall ascertain the feasibility of the same and take steps accordingly. In the event there is any impediment in giving such connection, the WBSEDCL

shall inform the same to the petitioner for the petitioner to take corrective measures in that regard. 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.)