Rabin Manna v. The Chairman West Bengal State Electricity Distribution Company Limited And ORS.

D/L. 7.

May 8, 2023.

MNS.

WPA No. 8536 of 2023 Rabin Manna Vs.

Chairman, West Bengal State Electricity Distribution Company Limited and others Mr. Nirmalendu Bera, Mr. Gora Chand Samanta, Mr. Apares Sinha ... for the petitioner.

Mr. Srijan Nayak, Mrs. Rituparna Maitra ...for the WBSEDCL.

Learned counsel for the West Bengal State Electricity Distribution Company Limited (WBSEDCL) files a report, as per previous direction, which indicates that there are three alternative routes for the proposed shifting of the concerned electricity meters, as per the petitioner's prayer.

The report filed in court today be kept on record.

However, learned counsel further contends that at the time of inspection in presence of all the parties, it was ascertained that there are several objections regarding all the

three alternative routs, for which the matter ought to be decided by the competent authority.

Upon hearing learned counsel for the parties, it transpires that the solution suggested by the WBSEDCL is the most viable solution, since there is objection with regard to all the possible alternative routes.

In such view of the matter, WPA No.8536 of 2023 is disposed of by granting liberty to the petitioner, who has been served a copy of the report filed by the WBSEDCL, to refer the dispute to the concerned District Magistrate having territorial jurisdiction in the matter.

If so referred, the said Magistrate shall give adequate opportunity of hearing to all concerned and decide the issue in accordance with law, upon taking into consideration the 'Joint Inspection Report', which has been filed today by the WBSEDCL. A copy of the said report shall be supplied by the parties to the concerned District Magistrate.

It is expected that such exercise shall be completed positively within ten weeks from such reference being made by the petitioner to the concerned 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.)