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Calcutta High CourtWPA/11794/2024disposed

Jalimuddin Sk v. W.B.S.E.D.C.L. And ORS.

2024-05-01Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

D/L.21.

May 1, 2024.

MNS.

WPA No. 11794 of 2024 Jalimuddin Sk.

Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Prosenjit Mukherjee, Mr. Samrat Banerjee ... for the petitioner.

Mr. Amitabh Shukla, Mr. Prakash Ch. Pandey ...for the WBSEDCL.

1. Affidavit-of-service filed in Court today be kept on record.

2. Learned counsel for the petitioner submits that when the petitioner went to apply for electricity connection for operating the petitioner's submersible pump initially, the petitioner was of the impression that a SWID certificate is necessary.

3. However, subsequently, by virtue of a communication to another applicant which has been annexed to the writ petition, it came to light that the area is no longer designated as a critical or a semi-critical zone and, as such, no SWID certificate is necessary. Electricity connection for operating the submersible pump has not yet been given to the petitioner.

4. Learned counsel appearing for the West Bengal State Electricity Distribution Company Limited (WBSEDCL) submits that no application has been submitted as yet by the petitioner. As such, the writ petition is premature.

5. It is, in fact, not evident from the copy of the application annexed to the writ petition that the same has actually been submitted.

6. Be that as it may, unless an application is formally filed by the petitioner, it would be premature for the writ court to interfere.

7. Accordingly, WPA No. 11794 of 2024 is disposed of by granting leave to the petitioner to apply for electricity connection in proper format before the WBSEDCL.

8. Upon such application being made, the WBSEDCL shall process the same, including giving consideration as to whether a SWID certificate will actually be necessary for the petitioner to get electricity connection in the locality, and shall raise a quotation in that regard.

9. In the event the petitioner complies with all formalities, the WBSEDCL shall give the connection to the petitioner as expeditiously as possible.

10. In the event, the WBSEDCL is of the opinion that further documents are required to be furnished by the petitioner, the WBSEDCL shall, in writing, inform the same to the petitioner in order to enable the petitioner to comply with the same.

11. There will be no order as to costs.

12. 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.)