Calcutta High Court (Appellete Side)
Sk. Sahil vs The State Of West Bengal And Others on 5 May, 2022
AD. 24.
May 5, 2022.
MNS.
WPA No. 6215 of 2022
Sk. Sahil
Vs.
The State of West Bengal and others
Mr. Amit Ranjan Pati
...for the petitioner.
Mr. Srijan Nayak,
Mrs. Rituparna Maitra
...for the State.
Ms. Sudipa Roy
...for the State.
Affidavit-of-service filed in Court today be kept
on record.
Learned counsel for the petitioner contends
that although initially objections were raised by
certain people in the neighbourhood, to the petitioner
taking an electricity connection, subsequently the
majority of them have again written to the West
Bengal State Electricity Distribution Company Limited
(in short WBSEDCL) that they have no further
objection.
Learned counsel for the petitioner cites a co-
ordinate Bench judgement reported at AIR 2012 Cal
205 (Sk. Samsud Doha Vs. The West Bengal State
Electricity Distribution Company Limited and others)
and an unreported judgement dated January 21,
2
2022 also passed by a Single Judge in WPA 82 of
2022 (Khokon Kumar Maity Vs. West Bengal State
Electricity Distribution Company Limited (WBSEDCL)
and others) in support of his proposition that mere
non-production of a way-leave certificate is not a
hindrance to giving electricity connection to a
proposed consumer within the contemplation of
Section 43 of the Electricity Act, 2003 (2003 Act). It
is submitted that the WBSEDCL has ample power
under Section 67 of the 2003 Act to give such
connection.
However, the other requirement, even as per
the reported judgment cited today, is that, if there is a
specific objection, a direction is required from the
District Magistrate or the other authorities as
prescribed under the law.
However, it is seen that the initial objectors
have not been impleaded as parties to the present
writ petition, although their presence is necessary in
order to ascertain the veracity as to whether that a
majority of the said objectors have actually resiled
from their position and withdrawn such complaint.
Since the relief claimed in the writ petition has been
sought in the teeth of the said objections, the writ
petition would be rendered bad for non-joinder of
parties in the event such objectors are not
impleaded.
3
Accordingly, on the prayer of learned counsel
for the petitioner, leave is granted to add the
objectors as respondents to the present writ petition.
Leave is also granted to the petitioner to carry out the
necessary consequential corrections in the cause title
of the writ petition by May 12, 2022.
In the alternative, the petitioner is granted
liberty to take out an application for addition of parties
for impleading the objectors. If so filed, liberty is
granted to the petitioner to mention the same for
inclusion in the list on the next returnable date.
Thereafter, copies of the writ petition shall be
served on the proposed added respondents and an
affidavit-of-service to that effect shall be filed on the
next returnable date.
The matter shall next be enlisted on June 7,
2022 for hearing.
(Sabyasachi Bhattacharyya, J.)
