Bazlur Rahaman And ORS v. The State Of West Bengal And ORS.
21.06.2022.
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IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 10451 of 2022 Bazlur Rahaman & Ors.
-vs.- State of West Bengal & Ors.
Mr. Shamit Sanyal, Ms. Shahana Naznil ...for the petitioners Mr. Bibek Jyoti Basu, Mr. Uttam Kumar De ...for the State Ms. Munmun Biswas ...for the WBSEDCL Learned counsel for the petitioners contends that although the petitioners are not in the know of any order passed by the Forest Department against the petitioners or affecting the petitioners, the Distribution Licensee gave a notice threatening disconnection of the petitioners' electricity meter on the ground that the petitioners were to submit a copy of the Forest Department's order.
Learned counsel appearing for the WESEDCL submits that she has got a copy of the letter issued by the Divisional Forest Officer, from which the WBSEDCL came to know about the order of the Forest Department. Upon hearing learned counsel appearing for the parties, it is evident that the WBSEDCL placed reliance on a
particular communication of the Divisional Forest Officer, Nadia and Murshidabad Division for issuing the notice demanding a copy of the order of the Forest Department. Since a copy thereof has been handed over by learned counsel for the WBSEDCL to her counterpart appearing for the petitioners during the course of hearing, the petitioners are granted liberty to approach the appropriate forum challenging such order, if the petitioners are aggrieved by the same.
The WBSEDCL shall give an opportunity of hearing to the petitioners on the steps taken by the petitioners in that regard and shall intimate such date of hearing to the petitioners prior to proceeding any further with the disconnection of the petitioners' line.
W.P.A. No. 10451 of 2022 is disposed of in the light of the above observations.
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 of all necessary formalities.
(Sabyasachi Bhattacharyya, J.)