C o u r t N . 2 2 S l 1 5 1 / C L 08.09.26 D/L Sl-26 Ct. 07 (Samar) WPA 12956 of 2025 Tarun Bikas Das Vs. State of West Bengal & Ors. Mr. Sayantan Hazra, Mr. Emarul Kayes, ….for the petitioner. Mr. Amitabh Shukla, ….for the WBSEDCL. 1. Affidavit-in-exception to the report filed on behalf of the WBSEDCL authorities is taken on record. 2. The petitioner is aggrieved by the erection of a pole mounted transformer in the vicinity of his residential premises. The petitioner complains that the transformer has been installed at a distance of hardly about one feet from the boundary wall of the petitioner and that poses serious risks. 3. The WBSEDCL authorities has filed a report asserting that the transformer has been installed at the most feasible place upon a mass representation being received from the people in the locality complaining about low voltage. 4. The problem can be solved if an alternative location can be found for shifting the transformer from the place where it is to such alternative location. 5. Rule 3 of the Works of Licensee Rules, 2006, though in a different context, provides for the appropriate authority to take decision as regards removal or alteration of electrical plants, lines, 2 structures or strut placed by the electricity licensee at/or over the property of the person aggrieved. 6. In the present case, the place whereat the transformer has been installed is not owned by the petitioner but still the petitioner is aggrieved because of the close proximity of the transformer to the petitioner’s residential building. Such issue cannot be resolved by a writ Court on the basis of affidavit evidence. 7. In such view of the matter, this Court is of the considered view that the same should be resolved by the appropriate authority under Rule 3 of the Works of Licensee Rule 2006. Accordingly, the petitioner is granted liberty to approach the District Magistrate, South 24-Parganas with an appropriate application detailing his grievance. 8. Upon receipt of the petitioner’s representation, the District Magistrate shall draw appropriate proceedings, cause inspection to be conducted and take a reasoned decision after hearing the petitioner as well as the WBSEDCL authorities. 9. All inspections which will be conducted shall be so done in presence of the petitioner as well as the WBSEDCL authorities upon prior notice thereof. Copies of the inspection report shall be furnished to all parties and all parties will have opportunity to take exception thereto. The final order as regards 3 shifting of the transformer shall be passed by the District Magistrate in accordance with law only upon hearing all the parties and permitting all the parties to state their respective cases. Needless to mention that the order shall be a reasoned one and shall be communicated to the parties within a week from passing thereof. 10. The District Magistrate shall be free to devise such procedure as may be deemed fit for the purpose of conducting enquiry and shall be free to take assistance of the Block Land and Land Reforms Officer. 11. The aforesaid exercise should be concluded within a period of twelve weeks from the date of making of the representation by the petitioner. 12. Accordingly, WPA 12956 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.)