Jakir Molla v. Wbsedcl And ORS.

14th December, (AK) W.P.A 25827 of 2022 Jakir Molla Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Rishav Singh Mr. Iftekar Munshi ...for the petitioner.

Mr. Soumyajit Chakraborty ...for the WBSEDCL.

Mr. Moniruzzaman ...for the respondent nos.5, 6 & 7.

Learned counsel for the petitioner informs the court that, in the meantime, the added respondent has been served with a copy of the writ petition, as per the track report obtained from the website of the postal department.

The petitioner is directed to file a fresh supplementary affidavit during the course of the day showing such service.

The petitioner's complaint is that the petitioner sought a new electricity connection, to which the private respondents are objecting.

On the last occasion, it was submitted on behalf of the WBSEDCL that one Sekh Rafik, the added respondent, was also obstructing such action on the part of the WBSEDCL.

In view of all the respondents having been served, there cannot be any reason why the petitioner should be refused his right to get a new electricity connection at the premises, being an occupant of the same.

Accordingly, WPA 25827 of 2022 is disposed of by directing the WBSEDCL to give new electricity connection to the petitioner subject to compliance of all formalities by the petitioner, within a fortnight from the date of compliance of formalities or this order, whichever is later. If the WBSEDCL personnel are obstructed in doing so, it will be open to the WBSEDCL personnel to approach respondent no.4, the Inspector-in-Charge of the Burdwan Police Station for giving adequate police assistance at the cost of the petitioner.

If so approached, respondent no.4 shall give such assistance as directed above.

In the event any obstruction is raised and/or any hindrance is put up to resist the WBSEDCL personnel from approaching the location of the meter board for the purpose of giving such connection to the petitioner, the police personnel will be at liberty to remove such hindrance.

It is made clear that the electricity connection shall not create any special right or equity in favour of the petitioner, if not otherwise available in law. Parties shall act on the written communication of the learned Advocates for the parties, coupled with server

copy of this order, without insisting upon prior production of a certified copy thereof.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)