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Calcutta High CourtWPA/7215/2022disposed

Kalipada Mandal And ORS v. West Bengal State Electricity Distribution Company Limited And ORS

2022-05-12Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

AD. 27.

May 12, 2022.

MNS.

WPA No. 7215 of 2022 Kalipada Mandal and others Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Anindya Bose, Mr. Tamaltaru Panda, Mr. Diptendu Mondal ...for the petitioners.

Mr. Srijan Nayak, Mrs. Rituparna Maitra ...for the WBSEDCL.

Affidavit-of-service filed in Court today be kept on record.

Learned counsel for the petitioners contends that, despite a written objection taken by the petitioners, an electricity connection has been attempted to be given to the respondent no. 6 by the West Bengal State Electricity Distribution Company Limited (in short WBSEDCL).

Learned counsel for the WBSEDCL submits that the personnel of the WBSEDCL attempted twice to give such connection to the private respondent, but could not do so due to obstruction raised by the petitioners.

Since, under law, the concerned District Magistrate is the appropriate authority to decide on such issues regarding objections to giving new

electricity connections, WPA 7215 of 2022 is disposed of by directing the WBSEDCL to refer the matter to the concerned District Magistrate for resolution of the issue of objection taken by the petitioners to electricity connection being given to the respondent no. 6. Such reference shall be made expeditiously, preferably within one week from date. Upon such reference, it is expected that the concerned District Magistrate shall decide the issue in accordance with law, upon giving adequate opportunity of hearing to all concerned, positively within eight weeks from the date of such reference. 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.)