Jayanto Sapui And ANR v. West Bengal State Electricity Distribution Company Limited And ORS

Item No.8 16.07.2024 Court. No. 9 GB W.P.A. 8998 of 2024 Jayanto Sapui & Anr.

Vs.

West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Partha Sarathi Bhattacharyya, Mr. Raju Bhattacharyya ... for the Petitioners.

Mr. Sujit Sankar Koley ... for the WBSEDCL.

Mr. Sandip Das ... for the Respondent No.5.

The writ petition has been filed challenging disconnection of supply by the West Bengal State Electricity Distribution Company Limited. According to the distribution company, connection had been effected. Thereafter, due to objections raised by the respondent no.5, the said line was disconnected.

It is submitted on behalf of the respondent no.5 who is present in Court today, that the said respondent will have no objection if the connection is drawn within the boundary of the petitioners. It is also submitted by the respondent no.5 that there is an alternative route.

Thus, the writ petition is disposed of directing the Station Manager, Falta Customer Care Centre to cause an inspection in the presence of parties and finds an alternative route which will be agreeable to both the parties. If such route is detected, the petitioners will bear the additional cost. The possibility of granting connection alongside the wall without disturbing the effective user of the land by the

respondent no.5, shall also be explored if an alternative route is not available. If neither of the situations are found to be existing, the West Bengal State Electricity Distribution Company shall draw underground cables through a convenient way, in order to effect connection to the petitioners and the petitioners shall pay the extra cost. This court finds that the land of the respondent no.5 is a Sali land and the same is not being used for any purpose whatsoever.

It is made clear that it is the bounden duty of the West Bengal State Electricity Distribution Company to supply electricity. The law also permits the West Bengal State Electricity Distribution Company to claim cost from a proposed consumer for the extra installation, equipments, etc.

Under such circumstances, when the petitioners are agreeable to bear the extra cost, the connection shall be effected in one of the three modes as directed above, within a period of two months from the date of communication of this order.

Accordingly, the writ petition is disposed of. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)