Hasibul Sekh v. West Bengal State Electricity Company Ltd

AD. 27.

December 20, 2021.

MNS.

(Through Video Conference) WPA No. 6456 of 2020 with CAN 2 of 2020 Hasibul Sekh Vs.

West Bengal State Electricity Distribution Company Limited and others Mr. Haradhan Mondal ... for the petitioner.

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

Affidavit-in-reply filed in Court today be kept on record.

Learned counsel for the petitioner contends that the West Bengal State Electricity Distribution Company Limited (in short 'WBSEDCL') has failed to act on the proposal suggested in the letter issued by the Station Manager, Kirnahar C.C.C., which is annexed at page 5 of the affidavit-in-reply filed by the petitioner. Learned counsel appearing for the WBSEDCL submits that there is no scope of such consideration, since no legal action was suggested in the said letter. It appears from the communication dated March 18, 2021, annexed at page 5 of the affidavit-in-reply, that the matter was merely to be placed before the D. M., Bolpur, for his kind information towards approval for

regeneration. Learned counsel for the WBSEDCL specifies that the said expression "D.M.", at the present instance, indicates Divisional Manager of the WBSEDCL itself.

Hence, upon considering the submissions of the parties, there is no cause of action disclosed for the present writ petition.

As regards the internal consideration of the proposal made by the Station Manager to the Divisional Manager of the WBSEDCL itself, no legal or fundamental right of the petitioner has been violated in any manner from the end of the WBSEDCL. The perusal and/or consideration, as indicated in the communication dated March 18, 2021, was entirely an internal affair of the WBSEDCL and the petitioner does not have any right, under law, to have a court direction on the Divisional Manager to act upon such communication.

As such, the writ petition is frivolous in nature and does not merit further consideration.

Accordingly, WPA 6456 of 2020 and CAN 2 of 2020 are dismissed without any 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.)