Nilotpal Mandal v. State Of West Bengal And ORS.

9th August, (AK) W.P.A 14910 of 2023 Nilotpal Mandal Vs.

The State of West Bengal and others Mr. Abhik Sarkar ...for the petitioner.

Mr. Amitabh Shukla Mr. Prakash Ch. Pandey ...for the WBSEDCL.

Mr. Suman Ghosh Mr. Soumen Chatterjee ...for the State.

Learned counsel for the WBSEDCL submits that the petitioner, in the meantime, has written to the WBSEDCL for holding a joint inspection for preparing a modified drawing in relation to laying of the 11 KV overhead line over the premises of the petitioner.

In view of such fresh inspection having been sought by the petitioner, the question of grant of immediate police help loses relevance.

However, since the petitioner is agreeable to have a joint inspection, the WBSEDCL is directed to hold a joint inspection, upon prior notice to the petitioner, for the purpose of ascertaining whether there is any alternative location for shifting of the line as sought by the petitioner.

The WBSEDCL, if satisfied that the shifting can be done over an alternative passage regarding which there is no objection from any quarter, the WBSEDCL shall undertake such shifting work.

If necessary, police help shall be given in support of such action of the WBSEDCL as well.

In the event no such agreed route is found out, it will be open to the parties to resolve the issue by referring the same to the concerned District Magistrate having jurisdiction.

WPA 14910 of 2023 is disposed of accordingly. A copy of the communication of the petitioner handed over in court today be kept on record. 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.)