Zalaluddin Sarkar v. State Of West Bengal And ORS.

30.06.2021.

Item no. 31.

Court No.13 ap W.P.A. No. 10694 of 2021 (Through Video Conference) Zalaluddin Sarkar

Versus

The State of West Bengal & Ors.

Mr. Mahammad Mahmud.

...For the petitioner.

Mr. Niladri Bhattacharjee.

...For the State.

Mr. Sumit Ray.

...For the WBSEDCL.

Despite service of notice, the private respondent is not represented.

Affidavit-of-service filed in Court today by the Counsel for the petitioner be taken on record. The petitioner complains that he is not receiving electricity from an existing supply maintained by the WBSEDCL.

Counsel for the petitioner submits that in view of a pending partition suit in which the private respondent has claimed a portion of the property, the meter board and/or connection moves through such claimed property of the private respondent.

Counsel for the WBSEDCL submits that his client had gone to inspect the said premises to ascertain the reasons why the petitioner has not been receiving the electricity but was obstructed by the private respondent.

Mr. Niladri Bhattacharjee, Counsel appearing for the State and particularly for the Gurap Police

Station submits that his clients are ready and willing to extend all support to the WBSEDCL for the purpose of inspection and for the purpose of giving electricity connection to the writ petitioner.

In those circumstances, WBSEDCL shall conduct an inspection of the said premises to ascertain as to why the electricity is not being received by the writ petitioner. The WBSEDCL shall reconnect the electricity and restore the electricity as expeditiously as possible, preferably within a period of 10 days from date.

Officer-in-charge, Gurap Police Station shall render all and every assistance to the WBSEDCL at the cost of the writ petitioner in the process of inspection as well as at the time of granting electricity connection to the writ petitioner.

The Gurap Police Station personnel shall also be entitled to remove any padlock or any obstruction that may be caused by any person, in the process of inspection or electricity connection by WBSEDCL. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)