Manasa Singh v. State Of West Bengal And ORS.

04.01.2022 TN WPA No.14802 of 2021 Manasa Singh Vs.

The State of West Bengal and others (Via Video Conference) Mr. Pintu Karar .... for the petitioner Ms. Susnita Saha, Ms. Sutapa Sanyal .... for the State Mr. Srijan Nayak, Ms. Rituparna Maitra .... for the WBSEDCL Affidavit-of-service filed in court today be kept on record.

Learned counsel for the petitioner submits that, due to resistance created by the private respondents and in view of the apparent pendency of a matter under Section 144(2) of the Code of Criminal Procedure, the WBSEDCL is refusing to give a new electric connection to the petitioner, despite the petitioner having otherwise complied with the formalities for getting such connection.

Learned counsel for the State submits on instruction that no interim order has been passed in the meantime in connection with the proceeding under Section 144(2) of the Code of Criminal Procedure. The petitioner is unable to shed light on the outcome of the said proceedings.

Learned counsel for the Distribution Company submits that, primarily due to the resistance created by the private respondents, the WBSEDCL could not give such connection to the petitioner. That apart, two further electric poles are to be installed for the purpose of giving the new connection to the petitioner, for which the petitioner has to bear the expenses in accordance with law.

In such view of the matter, WPA No.14802 of 2021 is allowed, thereby directing the WBSEDCL to give a new electric connection to the petitioner, subject to the petitioner paying the requisite expenses upon communication of such expenses by the WBSEDCL to the petitioner in the form of a quotation. Such quotation shall be handed over by the WBSEDCL within a week from date. Upon compliance with the formalities and payment of all the requisite amounts by the petitioner the WBSEDCL shall, at the earliest thereafter, give the new electric connection to the petitioner. In the event any resistance is created by the

private respondents in the WBSEDCL giving such connection, it will be open to the WBSEDCL personnel to approach the respondent no.5, that is, the Officerin-Charge of the Jagatballavpur Police Station for police assistance in that regard.

If so approached, the respondent no.5 shall give police help for the WBSEDCL personnel to give such connection and to hold necessary inspection in connection therewith, at the cost of the petitioner. The parties shall act on the communication by the learned Advocate for the petitioner, coupled with a server copy of this order, without insisting upon prior production of a certified copy for the purpose of compliance.

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.)