Anusree Dhak vs The West Bengal State Electricity ...
2021 Latest Caselaw 6362 Cal

    11
15.12.2021
   TN



                           WPA No.14908 of 2021

                              Anusree Dhak
                                    Vs.
                 The West Bengal State Electricity Distribution
                  Company Ltd. (W.B.S.E.D.C.L.) and others



             Mr. K. K. Chakraborti,
             Mr. S. Chakraborty,
             Ms. S. Das
                                                   .... for the petitioner

             Ms. Sima Sengupta
                                             .... for the W.B.S.E.D.C.L

             Mr. Prasanta Kr. Banerjee,
             Ms. Krishna Yadav,
             Ms. Indrani Nandi
                                          .... for the respondent no.6

Mr. Rahul Singh .... for the respondent nos.7, 8, 9 and 10

Learned counsel for the petitioner contends

that, despite the petitioner having applied for a new

electric connection, the Distribution Company has not

given such connection as yet.

Learned counsel places reliance on a

co-ordinate Bench judgment of this court reported at

2012 (5) CHN 52 [Smt. Gita Das vs. CESC Limited and

others].

Learned counsel submits that the said co-

ordinate Bench followed a Special Bench decision of

this court and, as such, the same is binding on this

court.

Learned counsel appearing for the Distribution

Company submits that the connection could not be

given due to the resistance put up by the private

respondents. In view of such objection having been

taken, the matter has been referred to the District

Magistrate concerned, where it is still pending.

That apart, learned counsel for the private

respondents submits that a suit is also pending

between the petitioner and the private respondents

before a competent civil court, which is also sub

judice as yet.

In view of the fact that the Distribution

Company was hindered, according to the company's

version, due to the obstruction put up by the

respondent no.4, there is no scope but to refer the

matter to the concerned District Magistrate within the

purview of the Electricity Act, 2003 and the connected

Regulations issued by the West Bengal Electricity

Regulatory Commission (WBERC).

Although the ratio of the judgment cited holds

good in this case also, the same only entitles the

petitioner to get a new connection notwithstanding

any objection raised by the respondent no.4 in that

regard. The date of the cited judgment is June 8,

2012. However, subsequently, the Regulations have

underdone alterations and, at present, a specific

framework has been provided by the delegated

legislation, which empowers the District Magistrate to

decide such objections.

That apart, a civil suit is also pending between

the parties, where their respective rights and

contentions regarding the disputed property have

been ventilated. The same is also sub judice.

In such view of the matter, there is no scope of

interference in the matter by this court under Article

226 of the Constitution of India.

Accordingly, WPA No.14908 of 2021 is

dismissed.

It is, however made clear, that this court has

not gone into the merits of the respective contentions

of the parties on any question and it will be free to

both the petitioner as well as the private respondents

and the Distribution Company to make out their

respective cases before the District Magistrate as well

as the civil court, without being prejudiced by any of

the observations made herein.

The hearing notice issued in connection with

the proceedings before the District Magistrate, handed

up by learned counsel for the private respondents, be

kept on record.

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.)