Kalyan Chandra Koley v. State Of West Bengal And ORS.

WPA 15786 of 2025 Kalyan Chandra Koley Vs.

The State of West Bengal & Ors.

Mr. Muhammad Obaid ...for the Petitioner Mr. Jayanta Kr. Pain ...for Private Respondents Mr. Srijan Nayak, Mrs. Rituparna Maitra ...for WBSEDCL 04-08-2025 AKG Ct. 15 By filing this writ petition, the petitioner seeks the relocation of an electricity line connected to respondent nos. 5 to 7. Learned counsel appearing on behalf of the petitioner submits that the electricity line is currently in contact with the wall of the petitioner's house. The relevant part of the report submitted by the concerned Station Manager of the West Bengal State Electricity Distribution Company Limited (WBSEDCL) is reproduced below:

"During inspection it was found that service cable of Gopal Koley, Tarun Koley & Haripada Koley touched at the corner of the window of Kalyan Chandra Koley.

Now to safe this condition service cable to be shifted by fixing an service Angle either on Kalyan Chandra Koley's wall or in the wall of Tarun Koey S/o - Gopal Koley.

But both the parties did not agree to fix the service angle on their wall. Hence no option is remaining to solve the issue permanently as both the parties are rigid with their opinion." It appears from the report that the electricity cables supplying power to the premises of respondent nos. 5 to 7

were pre-existing. It was the petitioner who subsequently constructed his building.

Learned counsel appearing for respondent nos. 5 to 7 submits that the extension of the cantilever portion of the petitioner's house has led to the present dispute concerning the relocation of the electricity line. Therefore, it is argued that the petitioner should allow the Angle to be fixed on his wall to facilitate the shifting of the said line. Learned counsel for the petitioner, however, disputes this submission.

The safety of the parties involved in this proceeding must be given paramount importance. Accordingly, it is left to the discretion of the concerned Station Manager, WBSEDCL, to fix the Angle-either on the wall of the petitioner or on that of the private respondents-based solely on considerations of safety. The decision of the Station Manager shall be binding upon both the petitioner and respondent nos. 5 to 7. If necessary, the Station Manager, WBSEDCL, is granted liberty to seek police assistance from the officer-incharge of the local police station, who is directed to provide such assistance without insisting on any payment of costs. The entire exercise shall be completed within a period of four weeks from the date of this order. The cost associated with the shifting of the electricity line shall be deposited by

the petitioner within two weeks from the date hereof. Accordingly, WPA 15786 of 2025 stands disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)