Arup Kumar Hazra Representd By Its Cons. Attorney Ishwar Nath Gupta v. W.B. State Electricity Distribution Company Limited And ORS

20.12.2021.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20024 of 2021 Arup Kumar Hazra -vs.- West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Nilanjan Bhattacharjee, Mr. Arpan Guha, Mr. Aniruddha Karmakar ...for the petitioner Mr. Srijan Nayak, Ms. Rituparna Maitra ...for the WBSEDCL Learned counsel for the petitioner contends that, despite having cleared all dues on an application made by the petitioner for getting a new electric connection, as annexed at page 69 of the writ petition, the Distribution Company has not yet given such connection to the petitioner.

Learned counsel appearing for the Distribution Company submits that the personnel of the said company visited the site at least on ten occasions, but failed to give such connection in view of the resistance put up by the neighbourhood people. Learned counsel further submits that several objections have been filed against the petitioner being given a new connection.

Since the law is very clear on the subject as regards the District Magistrate being the appropriate authority to decide on such objection, if any, the purpose of justice will be sub-served in the instant case if the matter is sent to the concerned District Magistrate.

Accordingly, W.P.A. No. 20024 of 2021 is disposed of by granting the liberty to the petitioner and/or the Distribution Company to approach the concerned District Magistrate on the issue of giving new electric connection to the petitioner in the teeth of the written objections filed thereto.

If such reference is made to the District Magistrate, the latter shall endeavour to dispose of the same as expeditiously as possible, preferably within four weeks from the date of such reference.

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.)