Jagabandhu Koley7 v. Wbsedc Limited

C/L. 64.

September 8, 2022.

MNS.

WPA No. 7468 of 2020 Jagabandhu Koley Vs.

WBSEDCL and others Mr. Vijay Agarwal, Ms. Ifrah Rahman ...for the petitioner.

Mr. Mihir Kundu ...for the WBSEDCL.

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

Although due service has been effected on the private respondents pursuant to the direction of the Court, none appears for the private respondents, but the petitioner as well as the West Bengal State Electricity Distribution Company Limited (WBSEDCL) are represented through counsel.

The grievance of the petitioner is that despite the petitioner having complied with due formalities, no electricity connection has been given by the WBSEDCL to the petitioner, primarily due to obstruction created by the private respondents.

Learned counsel appearing for the WBSEDCL places reliance on a report filed by the WBSEDCL dated February 1, 2021, which is a part of the record, which indicates that due to objection raised by the neighbours of the applicant, namely, Alokesh, Pulokesh and Shyamsundar, such connection could not be given to the petitioner, particularly as no other alternative route except the objectors' land was found leading to the house of the petitioner to effect the connection.

Since the private respondents choose not to appear at the time of call and as there is no written objection from the end of the private respondents, there is no other option but to dispose of the writ petition in the absence of the private respondents.

WPA No.7468 of 2020 is, thus, disposed of by directing the WBSEDCL to give new electricity connection to the petitioner pursuant to the petitioner's application, subject, of course, to compliance of all formalities by the petitioner, as expeditiously as possible, preferably within three weeks from date. In the event the WBSEDCL personnel face resistance from the private respondents and/or their men and agents while

giving such connection, it will be open to the WBSEDCL personnel to approach the local police station for adequate police assistance for such purpose. If so approached, the Officer-inCharge/Inspector-in-Charge of the concerned police station shall grant such assistance to the WBSEDCL personnel at the cost of the petitioner. The police authorities as well as all concerned shall act on the server copy of this order, without insisting upon prior production of a certified copy thereof.

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.)