Paresh Pradhan v. West Bengal State Electricity Distribution Company Ltd. And ORS.

S/L. 33.

August 29, 2022.

MNS.

WPA No.13362 of 2022 Paresh Pradhan Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Malay Bhattacharya, Mr. Pradip Paul, Mr. Subhrajyoti Ghosh, Ms. Shefa Mondal ... for the petitioner.

Mr. Sujit Sankar Koley ...for the WBSEDCL.

Mr. Srinjay Sengupta, Ms. Deboleena Ghosh ...for the respondent no. 5.

Learned counsel for the petitioner contends that the petitioner sought electricity connection for operating his submersible pump, which was objected to by the private respondent no. 5.

On August 4, 2022, an order was passed by this Court directing the West Bengal State Electricity Distribution Company Limited (WBSEDCL) to hold an inspection for the purpose of ascertaining whether electricity connection could be given to the petitioner over plot no. 495

without disturbing the plot of the respondent no. 6, that is, plot no. 486.

The report, filed today pursuant in Court to the said direction, indicates that it is not possible to give electricity connection to the petitioner's plot apart from over Dag No. 486, which belongs to one Manoranjan (respondent no. 5) and is adjacent to Plot No. 495.

Since a dispute has cropped up as regards the respective rights of the parties in respect of plots-in-question and the feasibility to give electricity connection to the petitioner over any alternative route, WPA No. 13362 of 2022 is disposed of by granting liberty to the petitioner to approach the concerned District Magistrate having territorial jurisdiction with the dispute as canvassed in the present writ petition.

If such issue is referred to the District Magistrate, the concerned District Magistrate shall act on a server copy of this order and comply with the same by giving an opportunity of hearing to the petitioner, the WBSEDCL, the respondent nos. 5 and 6 and other interested persons, if any, and decide the issue once and for all, as expeditiously as possible, preferably within

eight weeks from the date of such reference to the said Magistrate.

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.)