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Calcutta High CourtWPA/20501/2021disposed

Alok Kumar De v. State Of West Bengal And ORS.

2021-12-22Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

22.12.2021 TN WPA No.20501 of 2021 Alok Kumar De Vs.

The State of West Bengal and others (Via video conference) Mr. Manaranjan Jana .... for the petitioner Mr. Soumyajit Chakraborty .... for the WBSEDCL Affidavit-of-service filed in court today be kept on record.

The grievance of the petitioner, who is a senior citizen, is that, despite having allegedly complied with all due formalities for getting a new connection to the premises of the petitioner, the Distribution Company is sitting tight over the matter and initially gave such connection, which stopped after the expiry of only the first few minutes subsequent to such connection being given and has never come live again.

Learned counsel appearing for the West Bengal State Electricity Distribution Company Limited (for

short "WBSEDCL") submits, on instruction, that the connection could not be made live by the WBSEDCL in view of an objection thereto having been raised by one Bibha Bosu Dey.

In view of such objection having been specifically raised in the version of the Distribution Company itself, the matter should have been referred to the concerned District Magistrate by the Distribution Company by now, to save unnecessary harassment to a senior citizen.

Be that as it may, since it is de hors the authority of this court to enter into such dispute on merits, sitting in writ jurisdiction, WPA No.20501 of 2021 is disposed of by directing the respondent no.2 to refer the dispute regarding giving electric supply to the petitioner, along with the connected objection, to the concerned District Magistrate within a week from date.

Upon being so approached, the District Magistrate is requested to dispose of the matter, in accordance with law and after giving appropriate opportunity of hearing to all the interested parties, within five weeks thereafter.

It is made clear that in the event the decision of the District Magistrate goes in favour of the petitioner, the Distribution Company shall make all endeavour to

give the electric connection at the earliest after such disposal.

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.)