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Calcutta High CourtWPA/23303/2009dismissed

Atul Chandra Karmakar v. Wbsedcl & ORS

2025-09-03Hon'Ble Justice Ajay Kumar Gupta3 pages

03.09.2025 Sl. No.131 AMR Ct.No.-23 WPA No. 23303 of 2009 Atul Chandra Karmakar Vs.

West Bengal State Electricity Distribution Company Limited & Ors.

1.

Writ petitioner came before this Court by filing writ petition seeking direction upon the respondents not to install the transformer in front of the petitioner's premises no. 18, Rather Saran Street, P.O. & P.S.- Santipore, DistrictNadia along with other consequential reliefs.

2.

None appears on behalf of either of the parties. No accommodation is sought for. No affidavit in opposition or reply has been filed by the parties. 3.

This case is pending since the year, 2009.

Almost 16 years have been passed.

4.

Considering the nature of prayer and long pendency of this case, this Court preferred to dispose of this application on merits on the basis of materials available on record.

5.

It is the contention of the petitioner that he came to know that the respondents were attempting to install a transformer in the concerned area. From reliable sources, it was learnt that the said installation

was intended to provide a high-voltage connection to a BSNL Mobile Tower situated there. It is further alleged that, despite the petitioner's representation before the authorities, no effective steps were taken. Instead, the authorities failed and neglected to address the matter, overlooking the petitioner's grievance. The petitioner has also stated that he has been suffering from heart ailments and other related health issues, which could be aggravated by such installation.

6.

The petitioner, therefore, filed an application under Section 144 of the Code of Criminal Procedure against the respondents, which is still pending adjudication.

Being dissatisfied, he thereafter approached this Court.

7.

However, after the lapse of 16 years, this Court is of the view that the grievance of the petitioner either already stands resolved or that he has abandoned his prayer. In such circumstances, nothing remains in this writ petition to adjudicate.

8.

Accordingly, the instant writ petition being WPA 23303 of 2009 is thus dismissed.

9.

Interim order, if there be any, stands hereby vacated.

10.

There shall be no order as to costs.

11.

Parties to act upon the server copy and urgent photostat certified copy of this order be given on usual terms and conditions.

(Ajay Kumar Gupta, J.)