Nimai Das v. West Bengal State Electricity Distribution Company Ltd And ORS

AD-04 Ct No.09 08.12.2022 TN WPA No. 25926 of 2022 Sri Nimai Das Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Siddhartha Sarkar .... for the petitioner Mr. Debanjan Mukherji .... for the WBSEDCL Affidavit-of-service filed in court today be kept on record.

The limited prayer of the writ petitioner is that the writ petitioner's son has suffered an electrical accident, due to which the petitioner's son is suffering from about 70% (seventy per cent) disability. A certificate to that effect has also been annexed to the writ petition.

The petitioner, in the writ petition filed on behalf of the son, submits that an application has been filed with the West Bengal State Electricity Distribution Company Limited (WBSEDCL)-authorities for payment of compensation. However, the said application has not yet been decided upon by the respondentauthorities.

Learned counsel for the WBSEDCL, in his usual fairness, submits that the WBSEDCL would not have any difficulty in deciding the application expeditiously. Accordingly, WPA No. 25926 of 2022 is disposed of by directing the WBSEDCL, through its concerned Officer, to decide the application for compensation made by the petitioner dated September 24, 2022, annexed as Annexure-P/2 at page-18 of the writ petition, upon giving an opportunity of hearing to the petitioner as expeditiously as possible, positively within four weeks from date.

Immediately thereafter, the WBSEDCL shall intimate the outcome of such application to the petitioner.

If the outcome is positive in the sense that compensation is decided to be given by the WBSEDCL, the said compensation shall be disbursed in favour of the petitioner as expeditiously as possible thereafter.

In the event the WBSEDCL refuses compensation, it will give a reasoned order indicating the reasons for such refusal to the petitioner. It will be open, in such case, for the petitioner to challenge such order before a competent forum.

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.)