Calcutta High CourtWPA/13556/2021disposed

Santosh Das v. W.B.S.E.D.C.L And ORS

2021-12-14Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

AD. 26.

December 14, 2021.

MNS.

(Through Video Conference) WPA No. 13556 of 2021 Santosh Das Vs.

West Bengal State Electricity Distribution Company Limited and others Sk. Moinuddin ... for the petitioner.

Mr. Ram Mohan Chattopadhyay ...for the WBSEDCL.

Affidavit-of-service filed in Court today be kept on record.

Despite service, none appears on behalf of the private respondents.

The petitioner's contention is that, despite the petitioner having purchased a property from the private respondents and thereafter having sought new electric connection thereto, the West Bengal State Electricity Distribution Company Limited (in short ' the WBSEDCL') has not yet given such connection.

It is further contended that the private respondents are creating hindrance to such connection being given.

Learned counsel for the WBSEDCL submits that the petitioner failed to submit any 'way leave' certificate. It is further contended that without the same, in view of specific objections having been raised by the private

respondents, it is not possible for the WBSEDCL to give such connection without resolution of the dispute. Since, under the law, the District Magistrate is the appropriate authority to whom the matter has to be referred by the WBSEDCL in the event any objection is raised in the new electric connection being given, WPA 13556 of 2021is disposed of by directing the WBSEDCL to approach the concerned District Magistrate having jurisdiction for adjudication on the objections taken by the private respondents to the petitioner's application for new electric connection at the earliest, preferably within a week from date.

If such a reference is made, it is expected that the District Magistrate will dispose of the same as expeditiously as possible, preferably within two months from the date of reference.

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.)