Arjun Saren v. W.B.S.E.D.C.L. And ORS

16th January, (AK) W.P.A 28087 of 2023 Arjun Saren Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Md. Kutubuddin ...for the petitioner.

Mr. Debanjan Mukherjee ...for the WBSEDCL.

1.

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

2.

Learned counsel for the petitioner submits that the petitioner applied for electricity connection but the same has not been given by the WBSEDCL despite the petitioner having complied with formalities as per quotation raised by WBSEDCL.

3.

Learned counsel appearing for the WBSEDCL places reliance on Regulation 57 of the WBERC, the relevant provision, that is, Clause 4 of which provides that in case of drawing of LT/HT overhead line through paddy land the time period may be extended up to 180 days considering the season of cultivation.

4.

It is submitted that the work is in progress but the connection could not be given due to ongoing cultivation.

5.

Learned counsel for the petitioner submits that only one pole has to be installed for giving the connection and there is no cultivation going on at present.

6.

Keeping in view the rival submissions of the parties, it transpires that Rule 4 only provides for the outer limit to be 180 days.

7.

However, in the circumstances of the present case, there cannot be any impediment for the WBSEDCL to give the connection earlier than that.

8.

Accordingly, WPA 28087 of 2023 is disposed of by directing the WBSEDCL to give the electricity connection applied for by the petitioner within February 29, 2024.

9.

There will be no order as to costs.

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

(Sabyasachi Bhattacharyya, J.)