Sanat Naskar And ORS v. The Chairman, West Bengal State Electricity Distribution Company Ltd And ORS

S/L. 61.

September 2, 2022.

MNS.

WPA No. 18539 of 2022 Sanat Naskar and others Vs.

The Chairman, West Bengal State Electricity Distribution Company Limited and others Mr. Bapin Baidya, Mr. Sandipan Pal ... for the petitioners.

Ms. Sonal Sinha, Ms. Javeria Rubana ...for the WBSEDCL.

Mr. Swapan Kumar Pal ...for the State.

Mr. Shyama Prasad Purkait, Ms. Moumita Mondal ...for the respondent no. 5.

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

The innocuous prayer made by the petitioner is that the West Bengal State Electricity Distribution Company Limited (WBSEDCL) be directed to seek necessary police assistance for the purpose of implementing the order dated November 19, 2019 passed by a co-ordinate Bench of this Court.

Upon hearing learned counsel for the parties, it appears that the private respondent no. 5 is refuting that any obstruction is being created by the private respondent.

Be that as it may, the tenor of the order dated November 19, was that the WBSEDCL was to provide electricity to the writ petitioners through the alternative route with the help of the Officer-in-Charge, Mandirbazar Police Station. The cost of police assistance, it was observed, shall be borne by the petitioners.

The grievance of the petitioners is that the WBSEDCL is asking the petitioners themselves to arrange for police assistance, which is not possible, unless the WBSEDCL itself approaches the police authorities with such a request, pursuant to the order dated November 19, 2019. There is no rocket science involved in the present dispute. In fact, in all probability, the WBSEDCL and the petitioner are acting at cross-purposes. WPA No. 18539 of 2022 is, accordingly, disposed of by directing the WBSEDCL to arrange for giving the electricity connection pursuant to the order dated November 19, 2019 passed in W.P. 18820(w) of 2019 through the alternative route as directed in the said order. As

and when the said connection is intended to be given, the WBSEDCL personnel shall approach the police authorities requesting for adequate police assistance, if so required, upon which the petitioner shall be bear such costs of police help. It is expected that since the direction of the co-ordinate Bench was passed as long back as on November 19, 2019, the WBSEDCL shall arrange for giving such connection as expeditiously as possible in terms of the above observations.

Since no affidavits were invited from any of the respondents, it will be deemed that the respondents have not admitted any of the allegations made in the writ petition.

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.)