Md. Oyes Koronie v. West Bengal State Electricity Distribution Company Limited (Wbsedcl) And ORS.

ML- 307 14.01.2025 Court No. 14 BP/AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 23431 of 2024 Md. Oyes Koronie -versus The WBSEDCL & Ors.

Mr. Mukteswar Maity.

Ms. Manika Sarkar.

Ms. Nupur Chowdhury.

...For the Petitioner.

Ms. Susmita Chatterjee.

...For the WBSEDCL.

1.

The petitioner seeks implementation of the direction passed by the Court on 7th September, 2022 in WPA 18818 of 2022 filed by the petitioner. 2.

By the said order the Distribution Company Limited was to decide on the representation given by the petitioner upon providing opportunity of hearing to all the interested parties including the private respondents. According to the petitioner no notice of hearing was ever given and the representation of the petitioner is still pending disposal.

3.

Learned advocate representing the WBSEDCL submits, upon instruction forwarded by the Assistant Engineer & Station Manager, Paikar C.C.C. signed on 17.09.2024 that, notice of hearing was issued to both the parties on 05.04.2023 and 12.04.2023 was the date fixed for hearing.

4.

On the scheduled date of hearing though the private respondent was present but the petitioner remained absent. No reason was forwarded by the

petitioner intimating his absence and seeking a further date of hearing.

5.

Upon hearing the parties and on perusal of the materials on record, it appears that the Court already decided the issue and passed order on 07.09.2022. The authority will be duty bound to comply the said order.

6.

The authority shall issue fresh notice of hearing to both the parties and act in accordance with the order dated 07.09.2022 at the earliest but positively within a period of eight weeks from the date of communication of this order.

7.

The writ petition stands disposed of.

8.

The instruction filed by the WBSEDCL be retained with the records.

9.

Affidavit-of-service filed today in Court be kept with the records.

12. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)