Jayanti Patra v. State Of West Bengal And ORS.
Form No. J.(2) Item No. 8 AB
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side
Present:
The Hon'ble Justice Aniruddha Roy W.P.A. 18539 of 2025 Jayanti Patra Vs.
State of West Bengal, service to be made through the Secretary, State Electricity Distribution Company Limited & Ors.
For the petitioner :
Mr. Tarapada Das, Advocate For State respondent :
Ms. Sipra Majumder, Advocate Ms. Prativa Ghatak, Advocate Heard on :
August 19, 2025 Judgment on :
:
August 19, 2025 Aniruddha Roy, J.
Affidavit of service filed in Court today is taken on record. Upon urgency being pleaded on mentioning and since the regular determination has been assigned to this Court, this writ petition has been taken up for consideration by publishing in the daily cause list. Mr. Tarapada Das, learned advocate appears for the petitioner. Ms. Sipra Mazumder, learned advocate with Ms. Prativa Ghatak, learned advocate appears for the State.
None appears for the Electricity Distribution Company, despite notice. The solitary grievance of the petitioner is that, the representation made by the petitioner dated February 20, 2025, annexure E at page 21 to the
writ petition has not yet been considered by the authority of the Electricity Distribution Company.
In view of the above, the respondent no. 2 upon issuing a prior hearing notice of at least seven days to the petitioner and after granting her an opportunity of hearing shall decide the said representation dated February 20, 2025, annexure E at page 21 to the writ petition, by passing a reasoned order in accordance with law.
The entire exercise shall be carried out and completed by the respondent no. 2 positively within a period of four weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioner positively within a further period of one week from the date of the said reasoned order to be passed.
It is made clear that, this Court has not gone into the merits of the claim of the petitioner. The petitioner shall be at liberty to take all points by relying upon whatever records and documents she wishes to rely upon before the respondent no. 2 but the same shall not travel beyond the scope of the representation dated February 20, 2025.
In the event, the reasoned order goes in favor of the petitioner, the appropriate authority and the Electricity Distribution Company shall give an immediate effect thereto in accordance with law subject to compliance of the terms and conditions by the petitioner, which she is required to comply in accordance with law.
In the event of any default in any manner in complying the statutory requirement by the petitioner, the Electricity Distribution Company shall be free to take steps in accordance with law.
It is made clear that, this order shall not create any right or equity in favour of the petitioner, if the petitioner does not succeed to her claim before the respondent no. 2 strictly in accordance with law. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. With the above observations and directions, this writ petition W.P.A. 18539 of 2025 stands disposed of, without any order as to costs. All parties shall act on the basis of the server copy of this order without insisting upon production of a certified copy thereof. (Aniruddha Roy, J.)