Haripada Santra v. West Bengal State Electricity Distribution Company Limited And Others

AD-29 Ct No.09 14.12.2022 TN WPA No. 27044 of 2022 Haripada Santra Vs.

West Bengal State Electricity Distribution Company Limited and others Mr. Sandipan Pal .... for the petitioner Ms. Susmita Chatterjee .... for the WBSEDCL Affidavit-of-service filed in court today be kept on record.

Although the respondent no.3 has not been properly served, respondent nos.1 to 4 are represented through counsel.

It is submitted by learned counsel for the petitioner that although the surname of the private respondent no.6 has been erroneously mentioned as "Santra" in the cause title of the writ petition, the correct surname, that is, "Samanta" has been mentioned in the service copy sent to the private respondent.

Since none appears for the private respondent despite service, I do not find any impediment to give a new electricity connection to the petitioner.

Hence, WPA No. 27044 of 2022 is disposed of by directing the West Bengal State Electricity Distribution Company Limited (WBSEDCL) to give an electricity connection to the petitioner subject to compliance of formalities by the petitioner within a fortnight from date or from the date of compliance of formalities, whichever is later. In the event any resistance is offered, it will be open to the WBSEDCL personnel to approach respondent no.5, the Officer-inCharge, Bagnan Police Station for necessary police assistance in that regard.

If so approached, respondent no.5 shall act on the server copy of this order and give such assistance to the WBSEDCL personnel for the above purpose, at the cost of the petitioner.

It is, however, made clear that the electricity connection, if given, shall not create any special right or equity in favour of the petitioner, if the petitioner does not so have otherwise in terms of law, at least vis-à-vis the respondent no.6 in the writ petition. Leave is granted to the learned Advocate-onrecord for the petitioner to correct the cause title inasmuch as the surname of the private respondent no.6 is concerned.

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.)