Sk. Abdul Ajij v. West Bengal State Electricity Distribution Company Limited And ORS

29th April, (AK) W.P.A 26495 of 2023 Sk. Abdul Ajij Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Sk. Abdus Salam Mr. Subrata Mukherjee Mr. Sk. M. Ali ...for the petitioner.

Mr. Debjit Mukherjee ...for the WBSEDCL.

1.

Affidavit-of-service filed in court today be kept on record.

2.

Learned counsel for the petitioner argues that the petitioner applied for electricity but has not yet been given the same by the WBSEDCL.

3.

Learned counsel for the WBSEDCL contends that on three occasions the WBSEDCL went to give the connection but due to resistance of local people, the same could not be given.

4.

The provisions of the Works of Licensees Rules, 2006 contemplate that in such circumstances, in the event of resistance, the Distribution Licensee is required to take permission from the concerned District Magistrate or Commissioner of Police, as the case may be.

5.

Accordingly, WPA 26495 of 2023 is disposed of by directing the WBSEDCL to seek permission from the concerned District Magistrate for giving electricity connection to the petitioner in accordance with Rule 3 of the Works of Licensees Rules, 2006.

6.

Such approach shall be made by the WBSEDCL at the earliest, preferably within a fortnight from date. 7.

Upon such approach being made, the concerned District Magistrate shall decide the issues involved in accordance with law within a reasonable period, positively within four weeks from the said date. 8.

There will be no order as to costs.

9.

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

(Sabyasachi Bhattacharyya, J.)