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2025 DAILYLAW 3379 (CAL)

M/S. SHYAMSUNDAR AQUA AND ORS v. THE WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LTD. AND ORS.

WPA/24085/2025 · 2026-08-24

Om Narayan Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

N.22Sl 151/CL 24.08.26 DL-01 Ct.-07 (S.R.) WPA 24085 of 2025 M/s Shyamsundar Aqua & Ors. v. The WBSEDCL & Ors. Mr. Tapash Kumar Bhattacharya Mr. Aviroop Bhattacharya … for the petitioners. Mr. Sukanta Ghosh Mr. P. Choudhury … for the State. Mr. Srijan Nayak Ms. Rituparna Maitra … for the WBSEDCL. Mr. D. Banerjee Mr. Debjit Dutta … for the respondent nos.6 & 7. 1. Affidavits of service filed in Court today are taken on record. 2. None appears for the respondent no.8 3. The petitioners complain of inaction on the part of the respondent WBSEDCL authorities in effecting electricity supply in favour of the petitioners despite there being an order to that effect passed by the District Magistrate, Hooghly on July 2, 2025. 4. Initially, the petitioners had approached this Court by filing WPA 5746 of 2025 alleging that despite WBSEDCL having agreed to effect electricity supply in favour of the petitioners, the petitioners were not getting electricity supply in view of resistance put up by the respondent nos.6 to 8. 5. Such writ petition was disposed of by an order dated April 22, 2025 grating liberty to the petitioners to approach the District Magistrate concerned by making an appropriate representation keeping in view the provisions of Rule 3(b) of the Works of Licensees Rules, 2006. The District Magistrate was directed to consider and dispose of the petitioners’ representation after affording an opportunity of hearing to the petitioners, the representatives of WBSEDCL and the respondent nos.5 to 7 in the said writ petition. 6. In terms of the said direction, the District Magistrate caused an inspection to be conducted by the WBSEDCL authorities, the BDO, Khanakul – II and BLLRO, Khanakul – II. 7. A joint inspection report was submitted upon such inspection being conducted whereupon, the District Magistrate passed an order on July 2, 2025 observing as follows: - “Hence, considering the joint inspection report and other available office records, the undersigned hereby directs the DE & SM, Rajhati CCC, WBSEDCL for providing electricity connection in favour of the petitioner through the alternative feasible route as explored during the joint inspection by observing all the statutory rules and safety measures. The DE & SM, Rajhati CCC, WBSEDCL is further directed to submit the compliance report after execution of entire work. 2 The Officer-in-Charge, Khanakul P.S. is directed to maintain law and order during execution of such work.” 8. Despite the aforesaid direction, the WBSEDCL authorities have not been able to effect supply in favour of the petitioners. Hence the present writ petition. 9. Mr. Bhattacharya, learned advocate appearing for the petitioners submits that the WBSEDCL authority is shirking its responsibility of effecting supply in favour of the petitioners despite there being an order passed by the District Magistrate, Hooghly in due deference to the order passed by this Court in WPA 5746 of 2025. 10. Mr. Nayak, learned advocate appearing for the respondent WBSEDCL authorities submits that the WBSEDCL authorities are ready and willing to effect supply in favour of the petitioners but they could not do so in view of resistance being put up by certain persons. 11. Mr. Banerjee. Learned advocate appearing for the private respondent nos.6 and 7 submits that since the District Magistrate has directed electricity supply to be effected in favour of the petitioners along the alternative route that had been found upon joint inspection, the private respondent nos.6 3 and 7 do not have any objection. 12. Since the private respondent nos. 6 to 8 were represented before the District Magistrate, which fact would be evident from the order dated June 24, 2026 and further a joint inspection report was filed pursuant to a joint inspection when, an alternative route was charted out, therefore, there should be no impediment on the part of the WBSEDCL authorities in effecting electricity supply in favour of the petitioners through the alternative route. 13. Accordingly, the WBSEDCL authorities are directed to effect supply in favour of the petitioners through the alternative route indicated in the order dated July 2, 2025 passed by the District Magistrate, Hooghly in favour of the petitioners within a period of four weeks from date. 14. In case, the WBSEDCL authorities face any obstruction or resistance, the WBSEDCL authorities will be entitled to approach the Officer-in-Charge of the jurisdictional Police Station. The said Officer- in-Charge shall upon being approached by the WBSEDCL authorities afford adequate police assistance to the WBSEDCL authorities for the purpose of effecting supply in favour of the petitioners in terms of the order dated July 2, 2025 passed by the District Magistrate, Hooghly. In fact, the Officer-in-Charge, Khanakul Police Station has 4 already been directed by the District Magistrate to maintain law and order during execution of the work. Such order itself should have sufficed for the WBSEDCL authorities to take appropriate steps for the purpose of effecting electricity supply in favour of the petitioners. 15. With the above observations, WPA 24085 of 2025 stands disposed of. There shall be no order as to costs. 16. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.) 5