Sushmita Ghosh And ORS v. The West Bengal State Electricity Distribution Company Limited And ORS

AD. 34.

May 12, 2022.

MNS.

WPA No. 7423 of 2022 Smt. Sushmita Ghosh and others Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Dyutiman Banerjee, Ms. Poulami Chakraborty ...for the petitioners.

Mr. Amitabh Shuukla, Mr. Prakash Chandra Pandey ...for the WBSEDCL.

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

Learned counsel for the petitioners submits that, flouting the relevant law and Rules, the Distribution Licensee has installed a transformer immediately adjacent to the boundary wall of the petitioners' premises.

Learned counsel appearing for the Distribution Licensee files a report, with a copy to the learned Advocate appearing for the petitioners, which is kept on record, and submits that no illegality was committed by the Distribution Licensee. In fact, the transformer was already installed in the same place, overhead, which has now been shifted to the underground at the same site.

As such, it is disputed that any illegality or fresh action has been taken by the Distribution Licensee to the detriment of the petitioners' interest. However, since the petitioners have disputed such contention of the Distribution Licensee, WPA No. 7423 of 2022 is disposed of by granting the petitioners liberty to approach the concerned Magistrate with the objection as taken in the writ petition.

If so approached, the District Magistrate shall decide the issue upon hearing all the interested parties, including the petitioners and the Distribution Licensee, in accordance with law, as expeditiously as possible, preferably within two months from the date of reference by the petitioners to the District Magistrate.

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.)