C o u r t N . 2 2 S l 1 5 1 / C L 17.08.26 D/L Sl-30 Ct. 07 (Samar) WPA 7125 of 2025 Sri Dilip Kumar Giri & Anr. Vs. The State of West Bengal & Ors. Ms. Somoshree Saha, Mr. Masud Mallik, ….for the petitioner. Mr. Amit Baran Dash, Mr. Ankana Sarkar, Ms. Sharmi Das, …. For the respondent no. 5 . Mr. Sujit Sankar koley, ….for the respondent WBSEDCL. 1. Exception taken by the petitioner in the form of an affidavit to the report filed on behalf of the WBSEDCL authorities is taken on record. 2. The petitioners complain of arbitrary action on the part of the respondent/WBSEDCL authorities in not taking steps to shift the electricity pole and other installation allegedly placed on the petitioners’ property to a different location. 3. Ms. Saha, learned advocate appearing for the petitioners submits that the petitioners have made a representation before the respondent WBSEDCL authorities seeking shifting of the pole and the other electrical installation from their present place to a different place inasmuch as, the petitioners are owners of the relevant property and erection of pole 2 as well and installation of electrical equipments there is interfering with the petitioners’ absolute right to use the said property. 4. Mr. Dash, learned advocate appearing for the respondent no. 5 submits that the pole and the electrical installation had been placed at the place where it is long time back and the subject property is a joint property. 5. Mr. Koley, learned advocate appearing for the respondent/WBSEDCL authorities submits that the pole as well as the electrical installations had been placed at the present place with the consent of the petitioners and, as such, no question of shifting the same should arise. 6. Ms. Saha, learned advocate appearing for the petitioners submits that the petitioners have purchased the property and the ownership of the property is not joint in nature as alleged by the respondent no. 5. 7. Since, the issue at hand pertains to shifting of the electrical installation and pole from their present place to a different place and the relevant electrical line is a distribution line, therefore, in terms of Rule 3 of the Works of Licensee Rules, 2006, the District Magistrate having jurisdiction over the area where the pole and the electrical installation are placed would be the appropriate authority to take the 3 ultimate decision in this matter. 8. Accordingly, the petitioners are granted liberty to approach the relevant District Magistrate with a representation seeking shifting of the pole and the other electrical installation from the place where the same presently are, to a different location. If such a representation is made, the concerned District Magistrate shall conduct an appropriate enquiry and take ultimate decision upon giving an opportunity of hearing to all the parties concerned. The District Magistrate shall be free to devise appropriate procedure or mechanism for the purpose of ascertaining the feasibility of shifting of such supply in consultation with the WBSEDCL authorities and upon hearing the respective parties. 9. It is made clear that, if any inspection is conducted, copies of such inspection report would be supplied to all parties and all parties would be permitted to take exception to the same. 10. The District Magistrate shall conclude the proceeding by passing a reasoned order in accordance with law, which shall be communicated to all the parties within a week from the date of passing thereof. 11. The District Magistrate is requested to conclude the aforesaid exercise as expeditiously as possible and preferably within a period of 12 weeks from the date 4 of making of such representation. 12. With the aforesaid observations, WPA 7125 of 2025 stands disposed of. No Costs. 13. 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.)