Rupsana Bibi v. W.B.S.E.D.C.L. And ANR

3rd January, (AK) W.P.A 16961 of 2021 Rupsana Bibi Vs.

The West Bengal State electricity Distribution Company Limited and others (Via VideoConference) Mr. Prasanta Kumar Pakrashi ...for the petitioner.

Mr. Debjit Mukherjee ...for the WBSEDCL.

Despite service, none appears for the added private respondents.

Learned counsel for the petitioner submits that, despite the petitioner having applied upon compliance of due formalities, the WBSEDCL has not yet given new electric connection to the petitioner's premises in view of the resistance put up by the private respondents. Learned counsel appearing for the Distribution Company supports such contention and corroborates the reason for the company not being able to give such connection till date.

Since the private respondents have chosen not to appear despite service, the matter is taken up ex parte in their absence.

Affidavit-of-service filed in court today be kept on record.

In view of a sufficient case having been made out by the petitioner for a direction upon the Distribution Company to give such connection upon adequate protection, WPA 16961 of 2021 is allowed, thereby directing respondent nos.1 and 2 to ensure that new electric connection is given to the petitioner in terms of the petitioner's application, subject to compliance of all formalities, within a week from date.

In the event any resistance is put up by the private respondents and/or their men and agents, the WBSEDCL personnel will be at liberty to approach the local police station for adequate police assistance in that regard. If such an approach is made, the Officer-incharge/Inspector-in-Charge (as applicable) of the local police station shall grant police help for the personnel to complete such connection.

It is made clear that the parties as well as all concerned shall act on the written communication of the learned Advocates for the parties, accompanied by server copies of this order, without insisting upon prior production of a certified copy.

It is further clarified that, in the event any padlock is affixed to the entrance to the meter position, the police will be at liberty to break open such padlock in order to give access of the meter position to the WBSEDCL personnel for the limited purpose of giving such connection.

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.)