Mostakin Molla v. State Of West Bengal And ORS.

21.05.2024 court no. 28 serial no. 135 kaushik WPA 24621 of 2023 Mostakin Molla Vs.

The State of West Bengal & Ors.

Mr. S. Bhattacharya Mr. S. Das ... ... for the petitioner Ms. Susmita Chatterjee ... ... for the WBSEDCL Mr. K. N. Nabi Mr. Subhajit Chowdhury ... ... for the State In pursuance of the title dispute between the petitioner and the private respondent Nos. 5 and 6, a partition suit being T.S. 384 of 2011 was preferred by the petitioner.

Petitioner approached the said Court seeking a direction against the electricity authority for grant of electricity connection. The said application was allowed by the Ld. Civil Judge (Sr. Division) Diamand Harbour vide order dated 13.07.2023 and permitted the Petitioner to have electric connection in their house upon the said property marked as 'E' as per Commissioners report dated 17.06.2015, provided that the no electric line is dragged over the residential house of the defendants therein, such line ideally

should be taken over the said pathway as shown in commissioner's report.

There after the petitioner herein applied to the respondent/WBSEDCL for grant of electricity connection, however, due to objection raised by the private respondent Nos.

and 6, the respondent/WBSEDCL could not grant electricity connection.

Being aggrieved by the inaction of the respondent/WBSEDCL, the petitioner has preferred this writ petition.

Learned counsel for the respondent/WBSEDCL submits that they can grant electricity connection, if adequate police protection is granted to them. In view thereof, respondent no. 4 is directed to provide the necessary police protection to the respondent/WBSEDCL to protect its officers and staffs while installing the electricity connection.

With the above direction, the present writ petition is disposed of.

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

(Gaurang Kanth, J.)