Dulal Hossain v. The West Bengal State Electricity Distribution Co. Ltd. And ORS.

08.07.2024 Ct. No. 09 Item No.73 Cp WPA No. 9199 of 2024 Dulal Hossain Vs.

The West Bengal State Electricity Distribution Co. Ltd. & ors. Mr. U. A. Dewan Mr. Arup Sarkar ....for the petitioner.

Mr. Amitabh Shukla Mr. P. C. Pandey .....for the WBSEDCL.

Mr. Anand Farmania Ms. Andria Bose .....for the State.

Affidavit of service is taken on record.

None appears on behalf of the respondent nos. 5 and 6.

As no mandatory directions are being passed, the writ petition is disposed of in the absence of respondent nos. 5 and 6.

It is submitted by the distribution company that the respondent nos. 5 and 6 have not yet been given the connection. The Divisional Engineer and Station Manager, Sagardighi has written a letter dated April 19, 2024 indicating that the connection could not be supplied to them as the techno economic feasibility did not permit grant of such connection.

Mr. Dewan, learned advocate for the petitioner, submits that the said respondent nos. 5 and 6 were trying to take connection through the petitioner's land by misleading the authorities.

In my view, this disputed question of fact cannot be adjudicated by a writ court. Thus, the writ petition is disposed of directing the Divisional Engineer and Station Manager, Sagardighi Customer Care Centre to treat the writ petition as a representation and dispose of the same by passing a reasoned order, upon hearing the petitioner as also the respondent nos. 5 and 6.

The writ petition is accordingly disposed of. There shall be no order as to costs.

All parties are to act on the basis of server copy of this order.

(Shampa Sarkar, J.)