Asti Pramanik And ORS v. West Bengal State Electricity Distribution Company Limited And ORS

D/L. 12.

January 3, 2023.

MNS.

WPA No. 28487 of 2022 Smt. Asti Pramanik and others Vs.

West Bengal State Electricity Distributio Company Limited and others Mr. Pinaki Ranjan Mitra ... for the petitioners.

Mr. P. Das ...for the WBSEDCL.

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

Despite service, none appears for the private respondent nos. 4 to 8, although the petitioners and the Distribution Licensee are represented through counsel.

The limited grievance of the petitioners is that despite the petitioners having complied with all formalities for taking a new electrical connection in their name at the premises-inquestion and in spite of the West Bengal State Electricity Distribution Company Limited (WBSEDCL) having already affixed the required electricity pole and the new meter for the petitioners, the same cannot be electrified due to

the resistance put up by the private respondents herein.

It is contended by learned counsel for the petitioners that the private respondents have no cause of action for obstructing the electricity connection being given to the petitioners and that the petitioners have a right under Section 43 of the Electricity Act, 2003 to get such connection. Heard learned counsel for the petitioners and the WBSEDCL.

It transpires that merely due to the resistance of the private respondent nos. 4 to 8, the electricity connection has not been able to give to the petitioners by the WBSEDCL, although other formalities have already been complied with in that regard.

Hence, WPA No. 28487 of 2022 is allowed, thereby directing the WBSEDCL to give electricity connection to the petitioners pursuant to the petitioners' application as expeditiously as possible, positively within a fortnight from date. In the event the private respondent nos. 4 to 8 and their men and agents obstruct the personnel of the WBSEDCL in doing so, it will be open to the WBSEDCL personnel to approach the respondent no. 3, the Officer-in-Charge of

Panchla Police Station, for necessary police help in that regard.

If so approached, the respondent no. 3 shall act on the written communication of the learned Advocates for the parties, accompanied by a server copy of this order, without insisting upon prior production of a certified copy thereof and give such assistance to the personnel of the WBSEDCL at the cost of the petitioners.

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.)