Mithu Das v. Wbsedc And ORS

18th November, (AK) W.P.A 13965 of 2021 Mithu Das Vs.

West Bengal State Electricity Distribution Company & Others Mr. M. Ahmed Mr. G.C. Das ...for the petitioner.

Ms. Pampa Dey (Dhabal) ...for the respondent no.5.

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

The grievance of the petitioner, who claims to be a tenant in respect of the disputed property, is that, despite having applied for an electric meter in her own name, the Distribution Company has not given such connection till date.

Learned counsel appearing for the private respondent contends that the petitioner is not a tenant but a mere licensee under respondent no.5.

That apart, there is practical difficulty in giving electric connection in the petitioner's own name in view of the existing structure of the premises and the electric meter.

However, it appears from the records that, subsequent to the filing of the writ petition, the petitioner has applied for a new connection in the petitioner's own name, although subsequent to filing the writ petition.

The issue raised in the present writ petition can be resolved in the event the Distribution Company gives the new connection to the petitioner subject to compliance of all formalities.

Accordingly, WPA 13965 of 2021 is disposed of by directing respondent nos. 3 and 4 to take appropriate steps in respect of the petitioner's application for new connection and give such connection, subject to compliance with all formalities in accordance with law by the petitioner.

It is clarified, that in the event of any objection being raised specifically by the respondent no.5, the Distribution Company shall take appropriate steps for referring the matter to the District Magistrate and shall give the electric connection only subject to resolution of such dispute.

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.)