Tapan Kanrar v. West Bengal State Electricity Distribution Company Ltd And ORS

AD-11 Ct No.09 17.11.2022 TN WPA No. 22694 of 2022 Sri Tapan Kanrar Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Debasish Kundu, Mr. Ganada Prasad .... for the petitioner Mrs. Rituparna Maitra .... for the WBSEDCL Learned counsel for the petitioner argues that due to resistance put up by the added private respondent no.6, along with her men and agents, the West Bengal State Electricity Distribution Company Limited (WBSEDCL) is not being able to give a new electricity connection to the petitioner as per the petitioner's application.

Affidavit-of-service filed in court today be kept on record. Despite service, none appears for the added respondent.

It transpires from the averments made in the writ petition and submission of counsel that the petitioner has a right to get electricity connection in his name under Section 43 of the Electricity Act, 2003, which is being violated due to inability of the WBSEDCL to give such connection in view of the

resistance put up by the private respondent and her men and agents.

Learned counsel for the WBSEDCL has also contended that some electric poles are required to be installed for the purpose of giving such new connection to the petitioner, which have to be done at the cost of the petitioner.

In such view of the matter, WPA No. 22694 of 2022 is disposed of by directing the WBSEDCL to raise an appropriate quotation indicating the estimate of the amount payable by the petitioner in lieu of giving the new connection to the petitioner, including installation of poles, if any, chargeable to the petitioner, within a week from date.

Upon such quotation being raised, the petitioner shall comply with the due formalities and put in the requisite amount within a fortnight thereafter.

Within four weeks after compliance of such formalities by the petitioner, the WBSEDCL shall give such connection to the petitioner, upon installation of the necessary poles for the said purpose.

In the event the respondent no.6 and/or her men and agents offer any resistance thereto, the WBSEDCL personnel will be at liberty to approach the respondent no.5, the Officer-in-Charge,

Jagatballavpur Police Station. If so approached, the respondent no.5 shall act on a server copy of this order and grant such assistance to the WBSEDCL personnel for the purpose of complying with the directions as given herein, 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.)