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Calcutta High Court · body

2025 DAILYLAW 60413 (CAL)

SANJOY KUMAR KURI v. WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD. AND ORS.

WPA/25092/2025 · 2025-12-02

Krishna Rao

body2025

Judgment text

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02.12.2025 Court No.25 D/L No.24 S. Gayen IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 25092 of 2025 Sri Sanjoy Mumar Kuri Versus West Bengal State Electricity Distribution Company Limited & Ors. Mr. Jayanta Kumar Datta Mr. Saikat Shaha Banik …for the Petitioner Dr. Madhusudhan Saha Ray Mr. Debanjan Chatterjee …for the WBSEDCL Ms. Sangeeta Roy Ms. Reshma Chatterjee …for the State 1. The petitioner being the sole proprietor of the newly constructed factory namely, M/s. M.R. Enterprise at Village and Post Office- Betna, District Nadia had made an application before the WBSEDCL for grant of commercial electric connection for the purpose of his new factory. A quotation was sent to the petitioner by the WBSEDCL for a total amount of Rs. 3,30,232/-. In terms of the quotation of the WBSEDCL, the petitioner has deposited the said amount and the WBSEDCL has awarded the work to the agency on 30th August, 2025. For providing the commercial electric connection in the factory of the petitioner, altogether 23 poles are required to be erected out of which 10 poles have been 2 erected and the agency could not erect the 13 poles due to the agitation/objection by the villagers. Subsequently the WBSEDCL by a letter dated 12th September 2025 requested the petitioner to resolve the Right of Way (R.O.W) issue and inform the office of the WBSEDCL so that the WBSEDCL can complete the work for providing the electric connection in the factory of the petitioner. As there is agitation from the local public of the said area and accordingly the petitioner has submitted a representation to the District Magistrate, Nadia praying for granting necessary permission for erection of remaining 10 poles in total 23 poles for getting commercial electric connection in the factory of the petitioner. 2. Learned counsel appearing for the petitioner submits that the representation submitted by the petitioner before the District Magistrate on 13th October, 2025 is pending and no decision has been taken. 3. Learned counsel appearing for the WBSEDCL submits that if the petitioner provides the permission from the concerned authority, the WBSEDCL shall take appropriate steps for providing the electric connection in the factory of the petitioner. 4. Learned counsel appearing for the State submits that as the petitioner has made the representation on 13th October, 2025 and if a direction is issued to the concerned District Magistrate, the District Magistrate 3 will consider the representation of the petitioner and dispose of the same in accordance with law. 5. In view of the above, this Court finds that the petitioner has submitted a representation to the District Magistrate, Nadia on 13th October, 2025 for grant of permission for effecting new service connection at the premises of the petitioner by erecting 23 poles. 6. The District Magistrate is directed to consider the representation submitted by the petitioner on 13th October, 2025 within a period of three weeks from the date of receipt of the copy of this order, if necessary, the District Magistrate can provide an opportunity of hearing to the petitioner as well as the concerned officials and the persons affected and to pass necessary order for granting permission to the petitioner. If the District Magistrate is of the view that permission could not be granted, the District Magistrate shall pass reasoned and speaking order and to communicate the same to the petitioner. 7. Accordingly, WPA 25092 of 2025 is disposed of. 8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 9. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)