Brand Street v. W.B.S.E.D.C.Ltd And ORS

6th July, (AK) WPA 12911 of 2022 Brand Street Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Prantick Ghosh Mr. Siddhartha Sarkar ...for the petitioner.

Mr. Mihir Kundu ...for the WBSEDCL.

Learned counsel for the petitioner contends that after the private respondents/landlords disconnected the petitioner's electric supply, the petitioner moved the civil court and obtained an order from the civil court directing the landlords to restore such electricity connection. Even thereafter, the private respondents did not comply with the order, upon which the petitioner approached the WBSEDCL with an application for independent electricity connection.

However, despite having applied for a new connection, it is submitted that the WBSEDCL has not taken any steps in that regard.

Learned counsel for the petitioner places reliance on a receipt of Rs.5/- annexed to the writ petition for the purpose of endorsing his contention that an application was made by the petitioner.

Learned counsel for the WBSEDCL, however, dispute such contention and contends that no application has been made for new electricity connection by the petitioner at all.

The representation, in the form of an application, dated June 14, 2022, it is submitted, is not an appropriate application as per the provisions of law and procedure.

That apart, the receipt annexed at page-58 of the writ petition, it is submitted, is merely a cash receipt for purchase of the 'A' form, which is a pre-requisite for making an application, but was never filed.

In such view of the matter, there is no scope of granting relief in the writ petition at this stage. Hence, WPA 12911 of 2022 is disposed of by granting liberty to the petitioner to apply for a new electricity connection in the name of the petitioner before the WBSEDCL.

Upon such application being made and the necessary costs being paid, along with compliance of other formalities, the WBSEDCL shall process the said application and, if feasible otherwise, give such connection to the petitioner expeditiously, subject to compliance of all formalities by the petitioner. On the prayer of learned counsel for the petitioner, the learned advocate for the petitioner is granted liberty to file affidavit-of-service during the course of the day.

It is submitted that copy has been duly served on the private respondents, who are, however, not represented today.

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.)