Soumen Ghosh v. West Bengal State Electricity Distribution Company Limited And ORS.
August 20, 2024 Sl. No.15 Court No.9 s.biswas WPA 20294 of 2024 Soumen Ghosh vs.
The West Bengal State Electricity Distribution Company Limited and others Mr. Sujit Kr. Rath Mr. Sukumar Sarkar Mr. Anirban Saha ... for the petitioner Mr. Debjit Mukherjee ... for the WBSEDCL Mr. Sanjit Seth Mr. Sujay Kumar Halder ... for the respondent nos.5, 7 and 8 Mr. Krishanu Banik Mr. Tathagata Banik ... for the respondent nos.6 & 9
1. It appears that the petitioner's connection has not been granted by the West Bengal State Electricity Distribution Company Limited. Such alleged inaction has resulted in filing of the present writ petition.
2. The petitioner contends that the West Bengal State Electricity Distribution Company Limited after having accepted the quotation amount has kept the matter pending.
3. The learned advocate for the WBSEDCL submits that several attempts were made to grant connection. But they were resisted by the respondent nos.5 to 9.
4. Learned advocates for the respondent nos.5 to 9 submit that the connection cannot be drawn over their land.
5. Thus it appears that there is a dispute with regard to the route to be followed by the authority while granting connection to the petitioner and there exists a dispute. Some persons have raised objections claiming title over the land through which the proposed route and the alternative route are to be drawn.
6. Under such circumstances, the writ petition is disposed of with a direction upon the Station Manager and the Assistant Engineer, Somrabazar Customer Care Centre to refer the matter along with a copy of the this writ petition and the server copy of this order to the District Magistrate, Hooghly within a period of 10 days from date, under the Works of Licensees Rules. The District Magistrate, Hooghly upon hearing all the parties and upon causing an inspection through an authorized representative and the Block Land and Land Reforms Officer, shall make endeavour to demarcate the route through which the connection can be granted. The route through which the connections had been granted to the neighbours, shall also be considered. Possibility of drawing underground cables may be explored. It is made clear that if an endeavour is undertaken for drawing underground cables, the additional cost shall be borne by the petitioner.
The District Magistrate, Hooghly shall dispose of the matter within three months from date, on the basis of the records and inspection report. All parties may file their written statement and adduce evidence. Parties shall be heard. A reasoned order shall be passed.
7. All the parties are directed to act on the basis of the server copy of the order.
(Shampa Sarkar, J.)