Amita Hazra v. West Bengal State Electricity Distribution Company Ltd. And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
27. 11. 2024 BP Sl. 10 Court No. 14 WPA 20992 of 2024 Amita Hazra Vs.
West Bengal State Electricity Distribution Company Ltd. & Ors.
Mr. Rachit Lakhmani Mr. Nikunj Berlia Ms. Saolini Bose ..for the petitioner Mr. Srijan Nayak Ms. Rituparna Maitra ..for WBSEDCL Mr. Gopal Chandra Ghosh Mr. Rajkrishna Mondal ..for the respondent no.5
1. Affidavit on behalf of the respondent no.5 is taken on record.
2. Report filed by the District Engineer and Station Manager, Durgachak CCC, Haldia Division, WBSEDCL dated 25th November, 2024 is also taken on record.
3. It appears therefrom that a spot inspection upon notice to the parties was conducted. The inspection revealed that four connections can be effected out of five applications because the petitioner's authorized representative had shown four flats; one flat each on 6th and 7th floor, two
flats on 4th floor.
4. The documents which are required to be submitted by the petitioner for obtaining new connection is mentioned in the report, copy of which has been handed over to the learned advocate representing the respective parties.
5. Within a period of eight weeks from the date of compliance of all necessary formalities and upon payment of the requisite charges, the Station Manager shall take steps to supply electricity connection to the petitioner.
6. The civil rights of the parties shall be decided before the competent civil forum.
7. Since the petitioner has been found to be in possession of the subject flats at the time of inspection, accordingly, the authority will not insist on the submission of the possession certificate because the developer has refused to hand over the same to the petitioner allegedly on account of non-payment of certain dues. The dispute between the developer and the erstwhile owner of the subject land ought not to stand in the way of WBSEDCL from granting new electric connection to the flats of the petitioner.
8. The writ petition stands disposed of.
9. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Amrita Sinha, J. )