Abdul Hamid Mondal v. W B S E D C Ltd. & ORS

14.01.2021 sb Ct23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 22330 of 2019 Abdul Hamid Mondal Vs.

West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Kishore Mukherjee, Mr. Sankha Subhra Ray ... For the petitioner.

Mr. Soumojit Chakraborty .... For WBSEDCL Affidavit of service filed in Court today is taken on record.

The petitioner says that respondent nos. 8 and 9 have applied for electric connection to operate their submersible pumps. The location for installing submersible pump proposed by the respondent nos. 8 and 9 is within 200 metres from the petitioner's existing submersible pump which will affect the quantity of water available to the petitioner for his agricultural purpose. The petitioner, therefor, raised an objection before the concerned Station Manager for granting connection to the respondent nos. 8 and 9.

An electricity connection for operating a submersible pump is dependent on compliance of certain statutory formalities. One of such statutory formality is a certificate being issued by the Magistrate allowing the installation of submersible

pump. It is an admitted position as of now, WBSEDCL, has not given any connection to the respondent nos. 8 and 9 probably for the objection raised. The petitioner's apprehension, therefor, is premature. WBSEDCL, as a licensee, before granting connection will have to look into the compliance required to be made by the respondent nos. 8 and 9. The petitioner's objection, therefor, also be taken note of.

In the facts and circumstances as aforesaid, I find that no order is required to be passed in the present application.

Nothing remains further to be adjudicated in the writ petition and the same is accordingly disposed of without any order as to costs.

The disposal of this application will, however, not prevent the petitioner from pursuing his objection before the concerned Station Manager. Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon compliance with the necessary formalities.

(Arindam Mukherjee, J.)