Kashmira Begum v. Wbsedcl And ORS.

02.12.2021.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 16124 of 2021 Kashmira Begum -vs.- The West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Sayan Chattopadhyay, Ms. Payel Shome, Mr. S. Bhattacharyya ...for the petitioner Mr. Partha Pratim Roy, Mr. Amritalal Chattopadhyay ...for the State Mr. R.M. Chattopadhyay ...for the Distribution Company Learned counsel for the petitioner submits that, during the absence of the petitioner between September 13 and September 14, 2021, the domestic connection to the premises of the petitioner's parents, which stands in the name of the petitioner, was disconnected illegally by the Distribution Company.

Learned counsel appearing for the Distribution Company contends that there was no disconnection on the part of the Distribution Company itself. However, an objection was raised regarding the said connection by a neighbour, namely Jahiruddin Mondal.

However, since the Distribution Company disowns the act of disconnecting the electric supply, W.P.A. No. 16124 of 2021 is disposed of by directing the respondent no. 2 to immediately reconnect the domestic electric connection to the premises of the petitioner, positively by December 05, 2021.

However, it is made clear that, in the event any objection is raised by a third party to such reconnection, it will be open to the parties to approach the appropriate forum for resolution of such dispute. However, the Distribution Company shall ensure that no such disconnection occurs from the end of the Distribution Company in future without following the due process of law.

In the event any resistance is created by a third party, it will be open to the distribution officials to approach the local police station and the latter, if so approached, will immediately provide adequate police assistance for the purpose of such reconnection at the cost of the petitioner.

All parties and all others concerned shall act on the written communication of the learned Advocates for the parties, coupled with a server copy of this order, without insisting upon prior production of a certified copy thereof.

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 of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)