Debasish Adhikary vs West Bengal State Electricity
2021 Latest Caselaw 6211 Cal

   34
08.12.2021.
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               IN THE HIGH COURT AT CALCUTTA
              CONSTITUTIONAL WRIT JURISDICTION
                       APPELLATE SIDE

                     W.P.A. No. 17580 of 2021

                         Debasish Adhikary
                                -vs.-
                    West Bengal State Electricity
                Distribution Company Limited & Ors.

              Mr. Debabrata Chakraborty,
              Mr. Soumen Bhattacharya
                             ...for the petitioner

              Ms. Mitali Bhattacharya
                               ...for the WBSEDCL

              Mr. Mrinal Kanti Ghosh,
              Mr. Chandra Nath Sarkar
                               ...for the private respondent no. 6

The grievance of the petitioner is that, although

the petitioner seeks a new connection in his name at

the premises of the petitioner over a common passage,

the private respondents are creating hindrance to the

Distribution Company erecting a new pole on a

common passage for the purpose of giving such

connection.

Learned counsel appearing for the Distribution

Company submits that the petitioner has applied for a

new connection, but unless such a new pole is

installed, such connection cannot be given.

Learned counsel appearing for the private

respondent no. 6, at this juncture, points out that an

appeal is pending against a decree suffered by the

predecessor-in-interest of the petitioner. As such, it is

disputed by the private respondent no. 6 that the

petitioner is the owner of the passage and/or the

passage is common and contends that the private

respondents have exclusive title to the passage.

Such contention, needless to say, is controverted

by learned counsel for the petitioner.

Learned counsel cites a judgment in that regard,

reported at 2012 (3) CLJ (Cal) 153 (Sk. Samsud Doha vs.

The West Bengal State Electricity Distribution Co. Ltd. &

Ors.)

Be that as it may, the provision of law is very

clear as regards the requirement of the Distribution

Company to refer the matter to the concerned District

Magistrate in the event any objection is raised by any

third party for giving a new electric connection to an

applicant.

Since the civil matter does not have a direct

bearing on the present dispute, W.P.A. No. 17580 of

2021 is disposed of by directing the WBSEDCL to refer

the matter pertaining to the dispute raised by the

private respondents regarding a new connection being

given to the petitioner, at the earliest, positively within

one week from date.

Upon such reference being made, the concerned

District Magistrate shall expedite the decision on the

same and adjudicate on the matter upon giving

adequate opportunity of hearing to all interested parties

within a reasonable time, without being unnecessarily

influenced in any manner by any of the observations

made herein.

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 of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)