← Library
Calcutta High CourtWPA/20172/2021disposed

Arejan Bewa v. W.B. State Electricity Distribution Company Limited And ORS

2021-12-21Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

21.12.2021 TN WPA No.20172 of 2021 Arejan Bewa Sk.

Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Dhruba Mukherjee, Mr. Asraf Mandal .... for the petitioner Mr. Partha Ganguly .... for the WBSEDCL Mr. Swapan Kr. Pal .... for the State The petitioner's grievance is that, despite being an indigent widow lady, the petitioner's electric supply is not being restored by the Distribution Company although the petitioner has applied for the same. It is contended by learned counsel appearing for the Distribution Company that initially there was a disconnection due to non-payment of electricity charges. Upon subsequent payment of the dues, the Distribution Company personnel went to give such connection but were resisted in doing so by certain people of the neighbourhood.

Learned counsel appearing for the State files a report in the form of a communication to the learned Government Pleader by S.I. Abhra Biswas, O.C Thanapara P.S. KPD, which indicates that several proceedings are pending between the petitioner and others, in particular one Minarul Sk. and Sariful Sk. The police report filed in court today be kept on record.

From the report, however, it also appears that the O.C., for whatever reason, is already biased against the petitioner and her family. It is, inter alia, mentioned in the report that the petitioner's family is very much "pugnacious and case monger and also desperate and dangerous in nature".

From such caustic observations, particularly in view of the adjective "case monger" being used by the O.C. of the local police station, it is evident that there is apprehension of bias in the mind of the police officer against the petitioner and her family, for unexplained reasons.

Be that as it may, there is no scope of directing police assistance in the matter at this juncture since, according to the Distribution Company, specific objections have been raised by persons of the neighborhood.

In such view of the matter, WPA No.20172 of 2021 is disposed of by granting liberty to the petitioner as well as the Distribution Company to refer the disputes, raised with regard to the restoration of electric connection at the petitioner's electric meter, to the District Magistrate for resolution of such disputes. Upon such approach being made, the District Magistrate shall, upon giving opportunity of hearing to all the interested persons, decide the disputes in accordance with law as expeditiously as possible, preferably within four weeks from the date of reference being made.

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.)