Nazima Begum v. State Of West Bengal And ORS.

29.06.2022 TN WPA No.10680 of 2022 Nazima Begum Vs.

The State of West Bengal and others Mr. Wasim Raj Sardar .... for the petitioner Mrs. Sudipa Roy, Mr. Srinath Singha Roy .... for the State Ms. Sonal Sinha, Ms. Jaweria Rubana, Mr. Shourya Vir Das .... for the WBSEDCL The affidavit-of-service as well as the track reports filed in court today be kept on record. Despite service, none appears for the private respondents, although the petitioner and the West Bengal State Electricity Distribution Company Limited (for short "WBSEDCL") are represented through counsel.

The grievance of the petitioner, that the WBSEDCL is not being able to give a new electricity connection despite the application of the petitioner due to obstruction being raised by the private

respondent nos. 7 to 15 and their men and agents, is corroborated by learned counsel appearing for the WBSEDCL.

Since the private respondents choose not to appear despite service, the writ petition is taken up for hearing in their absence. In view of sufficient grounds having been made out by the petitioner for getting a new electricity connection in her own name, as mandated by Section 43 of the Electricity Act, 2003 (for short "the 2003 Act"), the writ petition is disposed of in the following manner:

WPA No.10680 of 2022 stands disposed of with a direction upon the WBSEDCL to give electricity connection to the petitioner pursuant to the petitioner's application, subject to compliance of all due formalities by the petitioner, as expeditiously as possible, preferably within a fortnight from date. In the event any obstruction is raised by the private respondents and/or their men and agents to the WBSEDCL personnel in giving such connection, it will be open to such personnel to approach the respondent no.6, the Officer-in-Charge, Domjur Police Station for adequate police assistance in that regard. If so approached, the respondent no.6 shall grant such assistance at the cost of the petitioner for the limited purpose of enabling the WBSEDCL personnel to give

such connection to the petitioner as directed above. For such purpose, it will be open to the police personnel to break open any padlock and/or other hindrance, if put up by the private respondents to the access of the WBSEDCL personnel to the proposed location of installation of the petitioner's new meter. The parties as well as all concerned shall act on the written communication of the learned Advocate for the petitioner, accompanied by a server copy of this order, without insisting upon prior production of a certified copy thereof.

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.)