Soumitra Maity v. Wbsedcl And ORS.

17.11.2021.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 17437 of 2021 Soumitra Maity -vs.- The West Bengal State Electricity Distribution Company Limited & Ors.

Mr. K.C. Das, Mr. Sk. Sahjahan Ali ...for the petitioner Mr. Sujit Sankar Koley ...for the WBSEDCL Learned counsel for the petitioner contends that a high tension wire has been taken over the petitioner's property, thereby dissecting the property of the petitioner and connected poles have been installed on the petitioner's land, although a government land is available immediately adjacent thereto, thereby causing serious risk of life and limb to the petitioner. Learned counsel, however, submits that despite having given a representation in that regard on September 05, 2021, as annexed at page 20 of the writ petition, the respondent-authorities are sitting tight over the matter.

Learned counsel appearing for the respondentauthorities controverts such contention of the petitioner and submits that the poles-in-question and

connections have been taken not over the petitioner's land but over government land.

However, at this premature stage, it would be improper for the writ court to enter into the merits of the respective contentions of the parties.

At this juncture, learned counsel for the petitioner, in his usual fairness, restricts his prayer to a direction upon the respondent-authorities to consider and decide on the representation of the petitioner, as annexed at page 20 of the writ petition, to which the learned counsel for the respondents has no objection on principle.

Accordingly, W.P.A. No. 17437 of 2021 is disposed of by directing the respondent no. 3 to consider the representation of the petitioner, annexed as Annexure-P-3 at page 20 of the instant writ petition, as expeditiously as possible upon giving an opportunity of hearing to the petitioner, if necessary, and upon considering the relevant records and to pass a reasoned order on such representation and communicate the same to the petitioner at the earliest.

The entire process of adjudication and communication should be completed within a month from date.

The parties shall act on the written communication of the learned Advocates of 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.)