Sk Alauddin v. West Bengal State Electricity Distribution Company Ltd. And ORS

4th August, (AK) W.P.A 11925 of 2022 Sk. Alauddin Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Sayan Chattopadhyay Mr. Rokan Ali ...for the petitioner.

Mr. Srijan Nayak ...for the WBSEDCL.

The grievance raised by the petitioner is that an electricity pole has been affixed on the land of the petitioner without prior notice or compensation to the petitioner.

Learned counsel appearing for the Distribution Licensee disputes such allegation and files a report, which is kept on record.

The report indicates that the office of the respondents carried out an inspection and an alternative arrangement was done in respect of the pole, allegedly with consultation with the owner of nearby land, and accordingly it has been shifted from the above mentioned land. A photograph of the same in black and white has also been annexed to the report.

Since the petitioner disputes such proposition, the matter cannot be resolved merely on oath versus oath by the writ court.

Accordingly, WPA 11925 of 2022 is disposed of by granting liberty to the petitioner to refer the matter to the concerned District Magistrate in the area.

Upon such issue being referred, the District Magistrate shall hold necessary enquiry, if required, calling for a report from the Block Development Officer (BDO) and resolve the issue between the parties upon hearing all concerned and in accordance with law. It is expected that such disposal shall be completed as expeditiously as possible.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)