Sk. Sahil vs The State Of West Bengal And Others
2022 Latest Caselaw 5333 Cal

AD-49
Ct No.09
11.08.2022
TN
                              WPA No. 6215 of 2022
                               IA No: CAN 1 of 2022

                                   Sk. Sahil
                                     Vs.
                       The State of West Bengal and others


             Mr. Amit Ranjan Pati
                                                 .... for the petitioner

             Ms. Sudipa Ray,
             Mr. Maniklal Dey
                                                      .... for the State

             Mr. Srijan Nayak,
             Mrs. Rituparna Maitra
                                               .... for the WBSEDCL

             Mr. Sagnik Mukherjee
                                .... for the private opposite parties



                          In Re: IA No: CAN 1 of 2022


                   IA No: CAN 1 of 2022 is allowed, thereby

             impleading the added respondents as parties to the

writ petition.

In Re: WPA No: 6215 of 2022

Affidavit-of-service filed in court today be kept

on record, which indicates that all parties, including

the added respondents, have been served.

Learned counsel for the petitioner contends, by

placing reliance on several judgments of this court

and the Supreme Court, that under Section 67 of the

Electricity Act, 2003, non-furnishing of a Way Leave

certificate cannot be the sole hindrance in giving

electricity connection to the petitioner.

Such citations were recorded in the order dated

May 05, 2022. Today an additional decision, that is,

(2011) 12 SCC 314 [Chandu Khamaru vs. Nayan Malik

and others], is also cited in such context.

It is submitted that under the Works of

Licensees Rules, Rule 3 permits the District

Magistrate to give necessary permission if so required,

when objections are raised to such electricity supply.

Learned counsel for the added private

respondents submits that the private respondents

seek employment in the farm which is sought to be

established by the petitioner on his deceased father's

property.

Learned counsel for the West Bengal State

Electricity Distribution Company Limited (WBSEDCL)

submits that the WBSEDCL made several efforts to

take an inspection, but failed to do so due to

resistance of the local people.

In reply, learned counsel for the petitioner

reiterates that although initially objection had been

given by the local people, most of them have

subsequently withdrawn such objection.

Be that as it may, the objection has been raised

merely on the flimsy footing that the added

respondents seek to use strong-arm tactics to extort

jobs from the petitioner.

Such methodology is not sanctioned by law. It

does not appear that any valid objection has been

raised by the added private respondents. As such, no

Way Leave permission from such people, who have

otherwise no legal right to resist the electricity

connection being given to the petitioner, can be taken

note of in directing electricity to be given to the

petitioner.

Hence, WPA No. 6215 of 2022 is disposed of by

directing the WBSEDCL to hold an inspection for the

purpose of ascertaining the feasibility of giving the

electricity connection to the petitioner as per the

petitioner's application and subsequently, to give such

connection as expeditiously as possible, preferably

within six weeks from all formalities being complied

with by the petitioner, of course, subject to

compliance of such formalities.

In the event the WBSEDCL personnel face any

obstruction from any quarter, either from the added

respondents or any third party, while taking such

inspection or giving the electricity connection to the

petitioner, it will be open to the WBSEDCL personnel

to approach the respondent no.8, the Officer-in-

Charge, Pingla Police Station for adequate police

assistance in that regard, if necessary by deployment

of additional forces to resist the local people from

subjecting the WBSEDCL personnel to any risk of

personal harm.

Such police help shall be given at the cost of the

petitioner.

However, in the event the added respondents

have a valid legal right to canvass in respect of the

property-in-question, it will be open to the private

respondents to approach the competent civil forum for

ventilating such grievance.

If so approached, nothing in this order shall

influence the competent forum from deciding the issue

independently in accordance with law.

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.)