Manisar Rahaman v. State Of West Bengal And ORS.

22.06.2022 TN WPA No.10361 of 2022 Manisar Rahaman Vs.

State of West Bengal and others Mr. Lutful Haque .... for the petitioner Mr. M. Krishna De, Mr. Tapan Kumar Ray .... for the State Ms. Suvasree Ghose .... for the WBSEDCL Learned counsel for the petitioner submits that the petitioner is a cultivator by occupation and is suffering due to permanent connection of electricity not being given despite the petitioner having applied for the same on March 04, 2021, for operating his submersible pump. Although the petitioner is at present enjoying temporary connection, which is being given to the petitioner from time to time, the petitioner is facing hardship, since the temporary connections are being given for limited periods, generally of three months each.

Learned counsel appearing for the West Bengal State Electricity Distribution Company Limited (for short "WBSEDCL") submits, on instruction, that on receipt of desired authentication from the Senior Geologist, Geological Sub Division No.-IIIB, State Water Investigation Directorate, the Office of the DE(E) & Station Manager, Panchthupi CCC, WBSEDCL will proceed towards conducting necessary inspection, after which the quotation will be issued. On deposition of quotation amount, the consumer will be given permanent connection.

The written instruction filed by learned counsel for the WBSEDCL be kept on record.

Upon hearing learned counsel for the petitioner, the WBSEDCL and the State, it is apparent that the WBSEDCL has been delaying the matter due to pendency of the desired authentication in respect of the petitioner's submersible pump from the Senior Geologist, Geological Sub Division No.-IIIB, State Water Investigation Directorate. Since it has been submitted by the Distribution Licensee that the area where such submersible pump is situated is a semicritical area as designated by the District Level Ground Water Resources Authorities, an appropriate authentication is necessary from the Senior Geologist for giving the connection permanently.

In order to resolve the predicament of the petitioner as well as the WBSEDCL, WPA No.10361 of 2022 is disposed of by directing the respondent no.1State of West Bengal, to ensure that the desired authentication is released after due scrutiny from the Office of the Senior Geologist, Geological Sub Division No.-IIIB, State Water Investigation Directorate, as expeditiously as possible, preferably within a month from date.

Immediately thereafter, the WBSEDCL shall take steps with regard to raising a quotation and, upon depositing the quotation amount and compliance of formalities by the petitioner, give the electricity connection to the petitioner, preferably within a fortnight from the date of compliance of the formalities.

It is made clear that this court has not entered into any question regarding the temporary connection, which is already being enjoyed by the petitioner at the site-in-question.

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.)