Mansarovar Ferros Pvt Ltd And ANR v. Dvc And ORS
17.11.2021.
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IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 17786 of 2021 Mansarovar Ferrous Private Limited & Anr.
-vs.- Damodar Valley Corporation & Ors.
Mr. Nilendu Bhattacharya, Mr. Kanwaljeet Singh, Ms. Anuska Bose ...for the petitioners Mr. Jaydip Kar, Mr. Kishore Datta, Mr. Deepak Agarwal ...for the D.V.C.
Learned counsel for the petitioners vociferously submits that the present writ petition concerns the fate of several employees, who are connected with the petitioner no. 1-company. It is further submitted that, due to the nature of the business, which deals with scrap iron, the raw materials may get damaged in view of the electric connection to the premises of the petitioners having been disconnected this morning only. It appears from the documents handed over in Court today by learned counsel for the parties that a notice of seven days' was given by the Damodar Valley Corporation to the petitioners on November 09, 2021 for the petitioners to reconcile the dues as per the
statement handed over by the Damodar Valley Corporation. However, since such period elapsed yesterday, that is, November 16, 2021, this Court finds no apparent illegality, sufficient to interfere under Article 226 of the Constitution of India at the present juncture, with such disconnection. As such, the prayer for restoration of connection on an ad hoc basis, as made by learned counsel for the petitioners, is refused. However, this Court does not go into the merits of the matter at all, since sufficiently efficacious alternative remedies are available by way of a challenge before the Regional Grievance Redressal Forum, from the order of which an appeal lies to the Ombudsman. Hence, W.P.A. No.
17786 of 2021 is dismissed as not maintainable, with liberty to the petitioners to approach the competent Regional Grievance Redressal Forum immediately. The Regional Grievance Redressal Forum, if so approached by November 23, 2021, shall endeavour to adjudicate and dispose of the grievance of the petitioners within three weeks thereafter, upon giving opportunity of hearing to both sides and on considering the relevant materials produced by the parties.
It is, however, reiterated that this Court has not gone into the merits of the matter at all and it will be open for the Forum approached by the petitioners to adjudicate the matter on its own merits, without being
prejudiced in any manner whatsoever by any of the observations made herein.
The parties as well as the concerned Forum shall act on the written communications of the learned Advocates for the parties, accompanied by server copies 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.)