Sujit Basu And ANR v. West Bengal State Electricity Distribution Co. Ltd. And ORS
CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI June 06, 2022 ARDR (8) WPA 1184 of 2021 Sujit Basu & anr.
Vs.
West Bengal State Electricity Distribution Co. Ltd. & Ors.
Mr. Sunil Kumar Sarkar, ...for the petitioners.
Affidavit of service filed by the petitioners is taken on record.
None appears for the respondents despite service.
The petitioners' grievance is that a transformer has been installed by the electricity authority adjacent to the kitchen of the petitioners on the four feet vacant space between the residential building of the petitioners and the adjacent construction.
The petitioners complain that such installation may be a cause of an accident, the kitchen of the petitioners being adjacent to the installation.
The petitioners submitted a representation ventilating their grievance before the District Magistrate, Darjeeling on 12th April, 2021 which is yet to be considered. The petitioners pray for direction upon the authority to consider the representation at the earliest.
In view of the submissions made on behalf of the parties and upon consideration of the material on record, the writ petition is disposed of directing the District Magistrate, Darjeeling, 6th respondent herein, to consider and dispose of the representation submitted by the petitioners dated 12th April, 2021 within a period of one month from the date of communication of this order after giving reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law. The decision taken by the authority shall be communicated to the petitioners within a week thereof. It is made clear that this Court has not gone into the merit of the case and the parties shall be at liberty to place their respective contentions before the concerned authority at the time of hearing.
With the above directions, WPA 1184 of 2021 is disposed of. However, there shall be no order as to costs.
Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.
Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)