Milan Bhadra v. State Of West Bengal And ORS.

AD-07 Ct No.09 21.11.2022 TN WPA No. 22344 of 2022 Milan Bhadra Vs.

The State of West Bengal and others Mr. Rabindra Nath Datta, Ms. Moumita Mondal .... for the petitioner Mrs. Gopa Roy .... for the WBSEDCL Mr. Tanmay Chowdhury, Ms. Ritoprita Ghosh .... for the respondent no.6 Despite service, none appears for the added respondent. The affidavit-of-service filed afresh in that regard be kept on record.

The grievance of the petitioner is that the petitioner is a senior citizen and has sought shifting of an electricity meter, which is being resisted by the added respondent.

Learned counsel for the West Bengal State Electricity Distribution Company Limited (WBSEDCL), on the last occasion, had pointed out that the said added respondent, namely, Ms. Enakshi Bhadra is obstructing such shifting of meter.

It also transpires from the report filed by the WBSEDCL that the shifting, sought by the said

Enakshi Bhadra to be at the front side of a pillar, is not possible technically. However, the WBSEDCL has found it feasible to shift the said meter-in-question to the rear of the said pillar.

In such view of the matter, since the added respondent chooses not to appear even upon being served a notice and as it is not technically feasible to arrange the shifting as per the desire of the added respondent, we have to go by technical feasibilities and the report filed by the WBSEDCL, which is the competent authority in that regard.

Hence, in view of the above observations, WPA No. 22344 of 2022 is disposed of by directing the WBSEDCL to take immediate steps for shifting the electricity meter-in-question to the spot where it is technically feasible, as indicated by the WBSEDCL, as expeditiously as possible, preferably within a fortnight from date.

In the event any obstruction is raised by the added respondent and/or her men and agents in doing so, the WBSEDCL personnel will be at liberty to approach respondent no.5, the Officer-in-Charge, Sonarpur Police Station for granting adequate police assistance. If so approached, the respondent no.5 shall act on the communication of the learned Advocates for the parties, accompanied by a server

copy of this order, without insisting upon prior production of a certified copy thereof. The costs of such assistance shall be borne by the petitioner. It is made clear that the civil disputes, if any, between the private parties have not been gone into by this court in any manner whatsoever.

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.)