Bablu Pal v. State Of West Bengal And ORS.

AD-35 Ct No.09 04.11.2022 TN WPA No. 21550 of 2022 Bablu Pal Vs.

The State of West Bengal and others Ms. Piyali Sengupta, Mr. Victor Chatterjee .... for the petitioner Mr. Swapan Kr. Pal .... for the State Mr. Debanjan Mukherji ....for the WBSEDCL Affidavit-of-service filed in court today be kept on record.

Leave is granted to the learned Advocate-onrecord for the petitioner to amend the cause title of the writ petition during the course of the day. Learned counsel for the petitioner contends that due to obstruction created by the private respondent, the Distribution Licensee is not being able to give new service connection to the petitioner.

It transpires from the fresh affidavit-of-service filed in court today that the private respondent has been served duly in the meantime. Since the private respondent chooses not to appear today, the matter is taken up for hearing ex parte.

Learned counsel for the West Bengal State Electricity Distribution Company Limited (WBSEDCL) corroborates the stand of the petitioner inasmuch as the petitioner himself gave a representation on July 25, 2022 annexed at page-20 (Annexure P-6) of the writ petition, to such effect.

In such view of the matter, since the petitioner has a right under Section 43 of the Electricity Act, 2003 to get electricity connection to the premises upon compliance of all formalities, WPA No. 21550 of 2022 is allowed, thereby directing the WBSEDCL to give electricity connection to the petitioner as expeditiously as possible, subject to compliance of all due formalities by the petitioner, preferably within two weeks from the date of such compliance and/or this order, whichever is later.

In the event any hindrance is put up by the private respondent and/or his men and agents to the WBSEDCL personnel in giving such connection upon installing the necessary apparatus and poles, it will be open to the WBSEDCL personnel to approach respondent no.4, the Inspector-in-Charge, Deganga Police Station for adequate police assistance in that regard. If so approached, the respondent no.4 shall act on the server copy of this order, accompanied by the communication by a learned Advocate of this

court and comply with the same by giving such adequate police help to the WBSEDCL personnel at the cost of the petitioner immediately.

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.)