Subrata Sarkar v. Wbsedcl And ORS

05.01.2024 PG/KS Ct. No.1 M.A.T. 2189 of 2023 With IA No. CAN 1 of 2023 Subrata Sarkar Vs.

The West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Partha Sarathi Bhattacharya, Sr. Adv.

Mr. Malay Krishna De Mr. Raju Bhattacharya ............for the appellant Mr. Srijan Nayak Ms. Rituparna Maitra .....for the W.B.S.E.D.C.L.

1. This intra-Court appeal by the writ petitioner is directed against the order dated 18th September, 2023 in W.P.A. No.16689 of 2023. The appellant has no grievance about the directions issued in the writ petition, which are in fact, in favour of the appellant. However, the learned advocate for the appellant would submit that in the last line of the impugned order it has been observed that the appellant has to make an application under Procedure "B".

2. It is submitted by the learned advocate for the petitioner that in the very same premises, another person, who has purchased a shop, has been given an electricity connection.

3. Therefore, we modify that portion of the impugned order by deleting the words "including making application under Procedure B" and directing the respondents/West Bengal State Electricity Distribution Company to implement the direction issued by the learned Single Bench in accordance with the relevant law. The respondents shall also take note of the circumstance under which electricity supply is said to have been given to the neighbouring shop owner.

4. With the aforesaid observations and directions, the appeal and the connected application (IA No. CAN 1 of 2023) stand disposed of.

5. No costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (SUPRATIM BHATTACHARYA, J.)