Calcutta High CourtWPA/27829/2024disposed

Rubia Khatun v. State Of West Bengal And ORS.

2025-06-17Hon'Ble Justice Kausik Chanda2 pages

17.06.2025 Sl. No.12 Ct. No.15 S.A.

WPA 27829 of 2024 Rubia Khatun -vsThe State of West Bengal & Ors.

Mr. Dyutiman Banerjee Mr. Vishal Mallick ...for the petitioner Mr. Debanjan Mukherjee ...for WBSEDCL Mr. Tapash Kumar Dey Ms. Saswati Ghosh ...for respondent nos.8 & 9 The writ petitioner objects to the provision of an electricity connection in favour of Respondent No. 7. The report filed by the West Bengal State Electricity Distribution Company Limited (WBSEDCL), inter alia, states the following:

"In order to get the electric connection of the Respondent No.7, Two nos. of Pole has to be erected, out of which one pole has to be erected on the mud road and service cable has to be passed on and over the land of the petitioner.

It is further stated that no alternative road has been found in the said inspection for effecting connection to the respondent no.7.

The above drawn map will depict the actual scenario of the area.

This report is filed as per the direction given by the Hon'ble Court."

Learned advocate appearing for the petitioner objects to the erection of a pole on the

relevant pathway, asserting ownership of the said pathway.

I am of the view that, in the circumstances, the licensee company ought to approach the concerned District Magistrate in accordance with Rule 3(b) of The Works of Licensees Rules, 2006, to resolve the dispute. Accordingly, this writ petition is disposed of with a direction to WBSEDCL to approach the concerned District Magistrate within two weeks from the date of this order pursuant to Rule 3(b) of The Works of Licensees Rules, 2006. The District Magistrate shall adjudicate the matter after affording an opportunity of hearing to the petitioner as well as Respondent Nos. 7 to 9. The entire process shall be completed within three months from the date of this order. Accordingly, WPA 27829 of 2024 is disposed of.

Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)