Calcutta High CourtWPA/18529/2023disposed

Rahul Sheikh @ Rahul Chowdhury v. State Of West Bengal And ORS.

2024-06-25Hon'Ble Justice Shampa Sarkar3 pages

25.06.2024 Sl. No.3(DL) srm W.P.A. No. 18529 of 2023 Rahul Sheikh @ Rahul Chowdhury

Versus

The State of West Bengal & Ors.

Mr. D.N. Chatterjee, Mr. P.K. Biswas, Mr. P. C. Podder, Mr. S. Mondal ...for the Petitioner.

Mr. Asif Dewan ...for the WBSEDCL.

1. Despite service, none appears on behalf of the respondent No.5.

2. However, as no mandatory orders are passed, which would prejudicially affect the interest of the respondent No.5 at this stage, the writ petition is taken up in his absence.

3. The petitioner alleges that the Assistant Engineer and Station Manager, Kandra Customer Care Centre failed to consider his objection. According to the petitioner, connection to another STW pump within 100 mtrs. radius had been granted, thereby violating the safety/distance norms.

4. Mr. Dewan, learned Advocate for the West Bengal State Electricity Distribution Company Limited submits that the petitioner has not approached the appropriate authority with his grievance. It is further contended that in safe zones, the distance clause does not apply.

5. The records do not reveal that the petitioner approached the Kandra Customer Care Centre, Purba Bardhaman with his allegation. He has filed the writ petition with multiple allegations which are not substantiated by the records. The petitioner has not been able to show any existing policy in this regard.

6. The writ petition is disposed of, granting liberty to the petitioner to approach the appropriate authority with his grievance. The said authority shall consider the grievance of the petitioner upon granting an opportunity of hearing to the petitioner as also to the respondent No.5.

7. A reasoned order shall be passed and communicated to all concerned.

8. The entire exercise shall be completed within a period of four months from the date of receipt of the petitioner's representation.

9. There shall be no order as to costs.

10. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)