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Calcutta High Court · body

2025 DAILYLAW 15981 (CAL)

SWAPAN KUMAR JANA AND ORS v. THE CHARIMAN AND MANAGING DIRECTOR, WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LTD AND ORS.

WPA/6418/2025 · 2025-04-23

Kausik Chanda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23.04.2025 Sl.No.7&21 Ct. No.15 S.A. WPA 4749 of 2025 Pranati Basu Choudhury -vs- West Bengal State Electricity Distribution Company Limited & Ors. with WPA 6418 of 2025 Swapan Kumar Jana & Ors. -vs- The Chairman & Managing Director, West Bengal State Electricity Distribution Company Limited & Ors. Mr. Balaram Pandit Mr. Krishna Deo Das …for the petitioner in WPA 4749 of 2025 Mr. Kanak Kiran Bandyopadhyay …for WBSEDCL in WPA 4749 of 2025 Mr. Soumya Dasgupta Mr. R. Das …for respondent nos.8 & 9 in WPA 4749 of 2025 Mr. Soumya Dasgupta Mr. R. Das …for the petitioners in WPA 6418 of 2025 Mr. Balaram Pandit Mr. Krishna Deo Das …for private respondents in WPA 6418 of 2025 Dr. Madhusudan Saha Roy Mr. Debanjan Chatterjee …for WBSEDCL in WPA 6418 of 2025 Both writ petitions are taken up for hearing in view of the common facts involved. The petitioner in WPA 4749 of 2025 seeks the relocation of an existing electricity pole situated on L.R. Plot No. 539 under Ward No. 10 of Egra Municipality, Purba Medinipur. The petitioner submits that he intends to construct a residential building on the aforementioned plot, and in order to facilitate this construction, the shifting of the pole to another side of Plot No. 539 is necessary. 2 The learned advocate appearing on behalf of WBSEDCL submits that the petitioner has duly applied in the prescribed form and has paid the requisite fees. However, due to opposition from respondent nos.8 and 9, the pole has not been relocated. Respondent nos.8 and 9 claim ownership of Plot Nos. 550, 551, 552, and 555. It is contended on behalf of the said respondents that WBSEDCL has attempted to install four poles on Plot No. 551. Additionally, respondent nos.8 and 9 have filed WPA 6418 of 2025, seeking the removal of the poles installed by WBSEDCL in response to the prayer made by the petitioner in WPA 4749 of 2025. In order to resolve the aforementioned dispute, I direct the Block Land and Land Reforms Officer, Egra- 1, to appoint a qualified surveyor to demarcate the L.R. Plot No.539 belonging to the petitioner in WPA 4749 of 2025. The surveyor shall conduct a site inspection in the presence of the petitioners in both cases, as well as a representative of WBSEDCL. Based on the survey report, WBSEDCL shall make a final decision regarding the petitioner’s prayer for the relocation of the poles. To ensure the maintenance of law and order during the spot inspection, the Officer-in-Charge of Egra Police 3 Station is directed to deploy the necessary number of police personnel on the date of the inspection. The petitioner in WPA 4749 of 2025 shall bear the costs of the police assistance. Accordingly, WPA 4749 of 2025 and WPA 6418 of 2025 are disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.)