C o u r t N . 2 2 S l 1 5 1 / C L 20.07.26 D/L Sl-157 Ct.07 (Samar) WPA 7053 of 2025 Dipali Kol Vs. The State of West Bengal & Ors. Mr. Dhananjay Banerjee, Mr. Mahiul Islam, , … for the Petitioner. Mr. Debjit Mukherjee, … for the WBSEDCL. 1. The writ petition alleges inaction on the part of the respondent WBSEDCL Authorities in shifting an electric pole that remains installed in the middle of the landed property of the petitioner. It is the petitioner’s case that the petitioner has been granted permission to construct a dwelling house at the said property and that the said pole is therefore required to be shifted from the said place to some other place. 2. The respondent electricity authorities have filed a report as recorded in the order dated November 17, 2025 passed by the Co-ordinate Bench. The said report reveals that shifting of the pole at the alternative place as suggested by the petitioner, has been objected to by two persons namely Kakoli Kol and Smt. Sagori Kol. 3. It is evident that there is a dispute as regards the place whereat the pole can be shifted. In such view 2 of the matter, such question cannot be decided by the writ Court on the basis of affidavit evidence. 4. Accordingly, in terms of the provisions of Section 67 of the Electricity Act, 2003 read with Rule 3 of the Works of Licensees Rules, 2006 the matter ought to be referred by the respondent WBSEDCL authorities to the District Magistrate having jurisdiction over the place whereat, the pole is situated and is required to be shifted. 5. Accordingly, WBSEDCL authorities are the directed to approach the relevant District Magistrate within two weeks from date, seeking resolution of the dispute as regards the place whereat the pole can be shifted. 6. The District Magistrate shall grant an opportunity of hearing to the petitioner as well as all the other interested persons including the objectors prior to taking a final decision. The District Magistrate shall be free to devise the appropriate procedure for the purpose of resolution of the dispute and for identification of the place whereat the pole can be shifted. 7. Needless to mention that the relevant District Magistrate would dispose of the proceeding in accordance with law by passing a reasoned order, as expeditiously as possible and preferably within a period of eight weeks from the date of the District Magistrate being approached by the WBSEDCL 3 Authorities. 8. The District Magistrate shall communicate such order to all the parties within a week from the date of passing thereof. 9. With the above observations, WPA 7053 of 2025 stands disposed of. There shall be no order as to costs. 10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Om Narayan Rai, J.)