Nemai Chand Jana v. State Of West Bengal And ORS.

S/L. 19.

September 26, 2022.

MNS.

WPA No. 21584 of 2022 Nemai Chand Jana Vs.

The State of West Bengal and others Mr. Manoranjan Jana, Ms. Mitali Jana ... for the petitioner.

Mr. Swapan Kumar Pal ...for the State.

Mr. Sandip Mondal ...for the WBSEDCL.

Affidavit-of-service filed in Court today be kept on record.

Despite good service, none appears on behalf of the private respondent no. 6, although the petitioner, the State and the Distribution Licensee are represented through counsel.

The grievance of the petitioner is that the West Bengal State Electricity Distribution Company Limited (WBSEDCL) personnel are not being able to give electricity connection to the petitioner due to obstruction created by the private respondent no. 6 and/or his men and agents.

Learned counsel appearing for the WBSEDCL submits that, undoubtedly, obstruction was created by the private respondent no. 6 and his men and agents on repeated occasions when the WBSEDCL personnel went to the locale to give electricity connection to the petitioner and, for such purpose, to install a PCC pole near the location.

For such reason, the connection could not be effected as per the version of the WBSEDCL. Since the private respondent no. 6 chooses not to appear despite service, the matter is taken up for hearing in the absence of the private respondent no. 6.

WPA No. 21584 of 2022 is disposed of by directing the WBSEDCL to give new electricity connection to the petitioner and to install a new PCC pole and comply with other technicalities necessary for giving such connection to the petitioner, subject to compliance of all formalities by the petitioner, as expeditiously as possible, positively within four weeks from date.

In the event the WBSEDCL personnel are obstructed by the respondent no. 6 and/or his men and agents in doing so, the WBSEDCL personnel will be at liberty to approach the

respondent no. 4, that is, the Officer-in-Charge, Ramnagar Police Station for adequate police assistance in that regard.

If so approached, the respondent no. 4 shall act on the written communication of the learned Advocate appearing for the petitioner, accompanied by a server copy of this order, without insisting upon prior production of a certified copy thereof, for such assistance at the cost of the petitioner.

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.)