Tapan Oraon v. Chairman, West Bengal State Electricity Distribution Co. Ltd And ORS

AD. 30.

May 12, 2022.

MNS.

WPA No. 7295 of 2022 Sri Tapan Oraon Vs.

The Chairman, West Bengal State Electricity Distribution Company Limited and others Mr. Debasis Kar, Mr. Husen Mustafi ...for the petitioner.

Mr. Sumit Ray ...for the WBSEDCL.

Mr. Debjit Mukherjee, Ms. Rupsha Chakraborty ...for the State.

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

Despite service, none appears on behalf of the private respondents.

The report of the Officer-in-Charge of Titagarh Police Station filed in Court today be kept on record. Learned counsel for the petitioner submits that the petitioner is a physically challenged person and is suffering immensely for the inaction on the part of the West Bengal State Electricity Distribution Company Limited (in short WBSEDCL) in not giving electricity connection to the petitioner.

It is submitted that the petitioner is a co-owner in respect of the property-in-question and that a suit/application is pending at the instance of the

petitioner for preliminary decree of partition in respect of the said property.

Learned counsel appearing for the WBSEDCL controverts the contention of the petitioner as regards inaction on the part of the WBSEDCL and submits that, at the time of joint inspection, no representative of the petitioner was present, for which inspection could be held for the purpose of checking the feasibility of giving a new electricity connection to the petitioner.

In such view of the matter, WPA No. 7295 of 2022 is disposed of by directing the WBSEDCL to hold a further inspection, jointly in presence of the petitioner and/or representative of the petitioner and the representative of the private respondents / alternatively the private respondents themselves, upon prior notice to the private respondents indicating the date and time of such inspection, for the purpose of ascertaining the feasibility of giving new electricity connection in the name of the petitioner at the existing meter board position. Such inspection shall be held within a fortnight from date. If, at the time of such joint inspection as indicated above, any obstruction is raised from any quarter, including the private respondents and their men and agents, despite prior service of notice of the date and time of inspection by the WBSEDCL, it will be open to the WBSEDCL personnel to approach the

respondent no. 4, that is, the Inspector-in-Charge, Titagarh Police Station, for police assistance in that regard.

If so approached, the respondent no. 4 shall act on the communication of the learned Advocates appearing for the parties, accompanied by a server copy of this order, without insisting upon prior production of a certified copy thereof and grant police assistance to the WBSEDCL personnel at the cost of the petitioner.

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.)