Sahadeb Kaskel v. State Of West Bengal And ORS.

25.06.2024 Sl. No.8(DL) srm W.P.A. No. 18890 of 2023 Sahadeb Kaskel

Versus

The State of West Bengal & Ors.

Mr. Nikhil Kumar Gupta ...for the Petitioner.

Mr. Mihir Kundu ...for the WBSEDCL.

Mr. Suman Ghosh, Ms. Ashmita Chakraborty ...for the State-respondents.

1. Despite service, none appears on behalf of the respondent Nos.9 to 12. Affidavit-of-service is taken on record.

2. The petitioner prays for new connection.

3. It is contended by the petitioner that his application was not accepted by the West Bengal State Electricity Distribution Company Limited.

4. Mr. Suman Ghosh, learned Advocate appearing for the State-respondents submits that the dispute is between the petitioner and his family members. The petitioner was enjoying the electricity from the existing supply in the premises. Due to some disputes between the parties, the

father got the line disconnected. The disconnection was effected on March 26, 2023.

5. Mr. Ghosh also submits that the police went to enquire and came to know that the property has since been transferred to another son and there are family disputes over such issues.

6. Such contentions of Mr. Ghosh are also supported by Mr. Kundu, learned Advocate appearing for the West Bengal State Electricity Distribution Company Limited.

7. Admittedly, the issue of title and possession cannot be decided either by the State-respondents or by the West Bengal State Electricity Distribution Company Limited. The distribution company is only required to effect connection to an occupier of a premises in accordance with law.

8. The writ petition is disposed of granting liberty to the petitioner to approach the Station Manager of BurdwanIII Customer Care Centre with his grievance and the authority shall decide the prayer of the petitioner in accordance with law. If the petitioner approaches the authority, the authority will hear the petitioner, the respondent Nos.9 to 12 and any other person interested in the property.

9. A reasoned order shall be passed and communicated to all concerned. If he petitioner is found to be in occupation of the property, necessary steps shall be taken.

10. The entire exercise shall be completed within a period of three months from the date of petitioner's representation.

11. There shall be no order as to costs.

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

(Shampa Sarkar, J.)