Md Sabir Ali Mondal v. West Bengal State Electricity Distribution Company Limited And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

07. 11. 2024 BP Sl. 21 Court No. 14 WPA 20935 of 2024 Md. Sabir Ali Mondal Vs.

West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Mukteswar Maity Ms. Manika Sarkar ..for the petitioner Mr. S.S. Koley ..for WBSEDCL

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner alleges that WBSEDCL has shifted the electrical line and placed the same underground the raiyati land of the petitioner behind his back without obtaining his permission or consent.

3. Admittedly, the shifting in question took place in the year 2022. There is no document annexed to the writ petition that objection was raised prior to or at the time of shifting the electric line.

The petitioner made representation through his legal representative only in the year 2024.

4.

A title suit has also been filed by the petitioner

against the person on whose request the Distribution Company Limited shifted the electric line. The person on whose request the line was shifted has not been impleaded as party respondent in the instant writ petition.

5. The petitioner seeks for causing an enquiry.

6. The Court is of the opinion that the Distribution Company Limited is not the competent authority to ascertain ownership of the subject land under which the electric line has been drawn. The petitioner has already approached the learned Civil Court for relief. It will be open for the petitioner to make all prayer before the learned Court.

7. The writ petition stands disposed of.

8. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J. )