Satyajit Mallik v. State Of West Bengal And ORS.

AD-26 Ct No.09 05.09.2022 TN WPA No. 15819 of 2022 Satyajit Mallik Vs.

The State of West Bengal and others Mr. Soumya Banerjee .... for the petitioner Mr. Swapan Kr. Pal .... for the State Mr. Soumyajit Chakrarborty .... for the WBSEDCL Affidavit-of-service filed in court today be kept on record.

Despite service, none appears for the private respondent although the other parties are represented through counsel.

The petitioner contends that, despite the subsistence of a tenancy agreement between the petitioner and the private respondent no.6, which is annexed at page-11 of the present writ petition, the private respondent is creating obstruction to the West Bengal State Electricity Distribution Company Limited (WBSEDCL) in giving an electricity connection to the petitioner, despite the petitioner having duly applied for a new connection and complied with the initial formalities.

The said stand with regard to obstruction is corroborated by learned counsel for the WBSEDCL. Upon hearing learned counsel for the parties, WPA No. 15819 of 2022 is disposed of by directing the WBSEDCL to give new electricity connection to the petitioner as expeditiously as possible, preferably within a fortnight from date, subject to compliance of all formalities by the petitioner. In the event any obstruction is offered by the respondent no.6 and/or her men and agents at the time of giving such connection, it will be open to the WBSEDCL personnel to approach the respondent no.5 herein, that is, the Officer-in-Charge of the Shyampur Police Station for adequate police assistance in that regard. If so approached, the respondent no.

5 shall act on the written communication of the learned Advocate for the petitioner, accompanied by a server copy of this order, without insisting upon prior production of a certified copy thereof, for granting such assistance at the cost of the petitioner. In the event any padlock or other hindrance is put up to the access of the WBSEDCL personnel to the proposed location for giving the electricity connection, it will be open to the respondent no.

personnel to give electricity connection to the petitioner.

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.)