Dhirendra Duari v. The Chairman,Wbsedc Ltd And ORS

08.12.2021 TN WPA No.12269 of 2021 Dhrendra Duari Vs.

The Chairman, the West Bengal State Electricity Distribution Company Limited and others Mr. Ram Chandra Guchhait .... for the petitioner Mr. S.S. Koley ....for the WBSEDCL Mr. Sankar Prasad Dalapati ....for the private respondent The grievance of the petitioner is that the private respondent has been creating obstructions to the taking of new electric connection in the name of the petitioner at the premises, of which the petitioner and the private respondent are allegedly co-sharers. It is submitted that the petitioner has complied with all formalities but only a temporary connection has been given due to the resistance of the private respondent. Learned counsel appearing for the private respondent categorically submits that there are seven co-owners of the disputed property. However, the private respondent alone, despite having no objection

to the connection being given to the petitioner, has been impleaded in the present writ petition.

It is further contended that there is an alternative pathway to the portion of the premises at which the petitioner is residing, apart from the existing electric pole. However, such argument cannot stand the test of reason, since it will be more convenient for all concerned for the new connection to be given over the existing pole instead of involving further costs and expenditure and trouble in installing a new pole within the vicinity.

Learned counsel appearing for the Distribution Company submits that there is no other impediment than the resistance met by the Distribution Company personnel at the juncture when the said personnel sought to give a permanent connection to the petitioner.

In view of the submission of the private respondent having no objection to the petitioner taking an electric connection over the existing electric pole, WPA No.12269 of 2021 is allowed, thereby directing the WBSEDCL to give a permanent connection to the petitioner, subject to compliance of all formalities and in accordance with law, at the earliest, preferably within a fortnight from date.

In the event the WBSEDCL personnel face any obstruction from any quarter while taking inspection and/or giving such permanent connection to the petitioner, the said personnel shall be at liberty to approach the respondent no.3 herein, that is, the Officer-in-Charge of the Ramnagar Police Station for adequate police assistance in that regard. If so approached, the respondent no.3 shall immediately arrange for such assistance to be given to the WBSEDCL personnel, at the cost of the petitioner. 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.)