Tapas Jana v. Wbsedcl & ORS

SK Ct. No. 13 30.09.2020 W.P.A. 6639 of 2020 CAN 1 of 2020 (Old No : CAN 5491 of 2020) (Via Video Conference) Tapas Jana Vs.

The West Bengal State Electricity Distribution Company & Ors.

Mr. Rudranil De, Mr. Ziaul Haque, Ms. Madhurima Sarkar ... For the petitioner. Mr. R. M. Chattopadhyay ... For the WBSEDCL.

The grievance of the petitioner is that the respondent distribution company has set up two electric poles over the land of the petitioner. The petitioner earlier moved a writ petition being W.P. 16956 (W) of 2019 which was disposed of by the order dated September 27, 2019 relegating the issue before the District Magistrate, Purba Medinipur to consider the grievance of the petitioner and to pass a reasoned order.

Pending decision by the said District Magistrate the respondent distribution company was restrained by an order of injunction from setting up electricity connection and poles over the land of the petitioner.

The petitioner has filed the instant writ petition complaining that in violation of the said order of injunction the respondent distribution

company has set up the electricity line over the said two poles.

During the course of hearing Mr. R. M. Chattopadhyay, learned counsel representing the respondent distribution company limited submits that the District Magistrate has already disposed of the issue referred to him and he hands over a copy of the reasoned order of the District Magistrate to Mr. Rudranil De, learned counsel appearing on behalf of the petitioner.

In view of the disposal of the issue referred to the said District Magistrate the prayer made in the writ petition has become infructuous, therefore no further order need be passed in the present writ petition.

W.P.A. 6639 of 2020 is disposed of with the above observation.

It is made clear this Court has no occasion to go into the merit of the reasoned order passed by the District Magistrate.

The connected application being CAN 1 of 2020 (Old No. : CAN 5491 of 2020) is disposed of accordingly.

No order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)