Monirul Sk v. State Of West Bengal And ORS.

AD-07 Ct No.09 30.11.2022 TN WPA No. 25360 of 2022 Monirul Sk.

Vs.

The West Bengal State Electricity Distribution Company Ltd. and others Mr. Partha Pratim Roy, Mr. Dyutiman Banerjee .... for the petitioner Mr. Srijan Nayak, Mrs. Rituparna Maitra .... for the WBSEDCL Affidavit-of-service filed in court today be kept on record. Despite service, none appears for the private respondent.

Learned counsel for the petitioner submits that by a previous order dated March 21, 2022, this court had disposed of WPA No. 4068 of 2022, filed by the present writ petitioner, inter alia, with the liberty to the petitioner to approach the West Bengal State Electricity Distribution Company Limited (WBSEDCL) with a proper complaint, enclosing all necessary documents, disputing the legality of the electricity connection given to the private respondent.

In the present case, it is contended that despite having made a complaint, which is annexed at pages 25-26 of the writ petition, the WBSEDCL is sitting tight over the matter.

Learned counsel for the WBSEDCL, on instruction, disputes the allegation that any complaint was ever filed, let alone the one annexed to the present writ petition, by the petitioner before the WBSEDCL.

Be that as it may, since a liberty was previously given to the petitioner to approach the licensee with such a complaint, the substance of which has been annexed to the present writ petition, it would only be proper if the WBSEDCL treats the Annexure P-7 of the writ petition as the petitioner's complaint and, upon giving an opportunity of hearing to all concerned parties and to the petitioner to produce relevant documents, if any, and decide the dispute in accordance with law as expeditiously as possible, preferably within a month from date.

Accordingly, WPA No. 25360 of 2022 is disposed of by directing the WBSEDCL to decide the complaint raised by the petitioner, annexed at page 25 (Annexure P-7) of the writ petition, in terms of the direction as given above.

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.)