Shyamal Barman v. W.B.S.E.D.C.L. And ORS

AD-18 Ct No.09 24.01.2024 TN WPA No. 28077 of 2023 Shyamal Barman Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Md. Kutubuddin .... for the petitioner Mr. Debanjan Mukherji, Mr. Aziz Amim .... for the WBSEDCL 1.

Learned counsel for the petitioner submits that the petitioner applied for electricity connection to operate his submersible pump. The same has not been given by the West Bengal State Electricity Distribution Company Limited (WBSEDCL).

2.

Learned counsel for the WBSEDCL, on the contrary, hands over a written communication dated November 22, 2023 which shows that upon inspection the WBSEDCL found out several infirmities, including that no submersible pump was installed, no earthing was completed, the construction is incomplete, the location of meter and meter box were not identified and finalized, wiring was not completed and Way Leave permission as per Format-A has not been obtained.

3.

Learned counsel for the petitioner, in reply, hands over a communication dated December 02, 2023, that is, after the previous inspection was held by the WBSEDCL, indicating that the formalities have been complied with by the petitioner subsequently.

4.

Be that as it may, in the meantime, the WBSEDCL has rejected the petitioner's application for non-compliance of formalities. 5.

I cannot find any fault with such rejection, since at the relevant juncture the formalities had not been complied with by the petitioner.

6.

However, instead of relegating the petitioner to a fresh writ petition, liberty is granted to the petitioner to file a fresh application for electricity connection to operate his submersible pump.

Upon such application being made, the WBSEDCL shall hold a fresh inspection to ascertain whether all formalities have been complied with, within a week from the date of making of such application by the petitioner. 7.

In the event due formalities are complied with by the petitioner, the WBSEDCL shall give such electricity connection to the petitioner after raising a proper quotation, preferably within

three weeks from the date of compliance of such formalities by the petitioner.

8.

WPA No. 28077 of 2023 is, accordingly, disposed of in the light of the above observations, keeping on record the documents handed over in court today and referred to above as well as the affidavit-of-service.

9.

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.)