Deb Kumar Datta And ANR. v. State Of West Bengal And ORS.

S/L. 44.

August 10, 2022.

MNS.

WPA No. 17002 of 2022 Deb Kumar Datta and another Vs.

The State of West Bengal and others Mr. Apurba Krishna Das, Ms. Debarati Sen (Bose) ... for the petitioners.

Ms. Jhuma Chakraborty, Mr. Aritra Ghosh ...for the State.

Mr. Sujit Sankar Koley ...for the WBSEDCL.

Mr. Tathagata Majumder ...for the private respondent no. 9.

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

Learned counsel for petitioners submits that the private respondent no. 9 has been carrying on an unaccredited packaged drinking water plant from premises adjacent to the petitioners' property and is enjoying electricity connection for operating submersible pump for such purpose without having produced a SWID certificate from the Ground Water Resources Authority. Despite a representation having been

given in that regard, the authorities have not acted thereon.

Learned counsel appearing for the private respondent controverts such allegation and submits that all due documents were produced prior to getting the electricity connection. It is also submitted that the petitioners are also carrying on a similar business in their property and there is a long-standing business rivalry between petitioners and private respondent, leading to the present allegation. Learned counsel appearing for the West Bengal State Electricity Distribution Company Limited (WBSEDCL) submits that the private respondent is operating his submersible pump with electricity connection taken duly in accordance with law.

Upon hearing learned counsel for the parties, it does not appear in the representation, annexed to the writ petition, that any specific allegation was made to the WBSEDCL with regard to the alleged electricity connection being given without any SWID certificate.

Hence, within the scope of the present writ petition, no relief can be granted.

Accordingly, WPA 17002 of 2022 is disposed of by granting liberty to the petitioners to make appropriate complaint before WBSEDCL, if aggrieved with the electricity connection on some valid legal ground.

If such a complaint is registered, the WBSEDCL shall decide the same in accordance with law upon hearing all concerned, including the petitioners and the private respondent no. 9. 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.)