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Calcutta High CourtWPA/18246/2022disposed

Sukanta Nandi v. Wbsecdcl And ORS.

2022-09-09Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

AD-52 Ct No.09 09.09.2022 TN WPA No. 18246 of 2022 Sukanta Nandi Vs.

West Bengal State Electricity Distribution Company Limited and others Ms. Juin Dutta Chakraborty .... for the petitioner Ms. Suvasree Ghose .... for the WBSEDCL Affidavit-of-service filed in court today be kept on record. It is seen from the same that the petitioner duly served copies of the writ petition along with a notice on the private respondents pursuant to the direction dated September 01, 2022. However, despite good service, none appears for the private respondents when the matter is called on for hearing.

Learned counsel appearing for the petitioner submits that the petitioner obtained a consent from his father since the property itself is standing in the name of the petitioner's father, and having complied with all due formalities for getting an electricity connection, when the West Bengal State Electricity Distribution Company Limited (WBSEDCL) personnel sought to install an electricity pole for giving such connection to the petitioner, obstruction was offered

from the end of the private respondent nos.5 to 8 and their men and agents, who are neighbours of the petitioner.

Learned counsel appearing for the WBSEDCL corroborates such contention.

Since the private respondents choose not to appear despite service, there is no other option but to decide the writ petition in their absence.

WPA No. 18246 of 2022 is, accordingly, disposed of by directing the WBSEDCL to install the electricity pole necessary for giving electricity connection to the petitioner and thereafter to give such connection, subject to compliance of due formalities. Such exercise, it is expected, shall be concluded as expeditiously as possible, positively within four weeks from date.

In the event the WBSEDCL personnel are restrained or obstructed in any manner from complying with this order by the respondents nos.5 to 8 and/or their men and agents, the WBSEDCL officials will be at liberty to approach the respondent no.4, being the Inspector-in-Charge, Amta Police Station for adequate police assistance in that regard. If so approached, the respondent no.4 shall act on a server copy of this order, coupled with a written communication of the same by the learned Advocate

for the petitioner, to comply with the same and to give adequate police assistance for the purpose as indicated above to the WBSEDCL personnel, at the cost of the petitioner.

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.)