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Calcutta High CourtWPA/7262/2022disposed

Abhijit Kumar Sarkar v. Wbsedcl And ORS.

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

AD. 28.

May 12, 2022.

MNS.

WPA No. 7262 of 2022 Abhijit Kumar Sarkar Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Debasish Kundu ...for the petitioner.

Mr. Debjit Mukherjee ...for the WBSEDCL.

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

Learned counsel for the petitioner contends that, despite several representations by the petitioner, the West Bengal State Electricity Distribution Company Limited (in short WBSEDCL) is attempting to give electricity connection to the petitioner without success, due to hindrance created by the private respondent nos. 6 and 7.

Learned counsel for the WBSEDCL submits that specific written objections have been given by the private respondents on the ground that giving of new electricity connection to the petitioner would be inconvenient, since such connection has to be given through the property of the private respondents. Since written objections have been given by the private respondents, it would be desirable that

the matter is decided by the appropriate forum, that is, the concerned District Magistrate.

Hence, WPA No. 7262 of 2022 is disposed of by directing the WBSEDCL to refer the matter to the concerned District Magistrate for resolution of the issue of objections raised by the private respondents to the petitioner getting a new electricity connection. Such reference shall be made within a week from date.

Upon such reference, the District Magistrate shall, upon giving adequate opportunity of hearing to all concerned, decide the issue in accordance with law expeditiously, preferably 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.)