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2025 DAILYLAW 7569 (CAL)

JAYANTA DAS AND ORS. v. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED AND ORS.

WPA/2080/2025 · 2025-04-11

Kausik Chanda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

11.04.2025 Sl. No.20 Ct. No.15 S.A. WPA 2080 of 2025 Jayanta Das & Ors. -vs- West Bengal State Electricity Distribution Company Limited & Ors. Mr. Mir Anowar …for the petitioners Ms. Susmita Chatterjee …for WBSEDCL Mr. Abdus Salam Mr. Rameswar Singh …for respondent no.7 The petitioners have raised an objection to the electricity connection effected at the premises of respondent no. 7 by West Bengal State Electricity Distribution Company Limited (WBSEDCL). Their grievance is that the electricity connection was granted by utilising a passage allegedly belonging to them, and that this was done without their knowledge or consent. Learned counsel appearing on behalf of respondent no. 7 submits that respondent no. 7 had previously approached this Court by filing WPA 19225 of 2024. A Coordinate Bench of this Court, by an order dated August 19, 2024, directed the concerned District Magistrate to consider and decide the issue of providing electricity connection to respondent no. 7. Pursuant to this direction, the District Magistrate 2 passed an order on December 10, 2024, on the basis of which WBSEDCL effected the electricity connection in question. It has been strenuously argued by learned counsel for the petitioners that the passage through which the electric wires have been laid belongs exclusively to them, and that the District Magistrate passed the order dated December 10, 2024, without affording them an opportunity of hearing. However, I am not inclined to entertain the petitioners’ contention regarding the ownership of the said passage, as this raises disputed questions of fact that are not amenable to adjudication under writ jurisdiction. Prima facie, from the photographs submitted by respondent no. 7, it does not appear to this Court that the layout of the electric wires obstructs or impedes the use of the passage by the petitioners or by any other person. In view of the above, the writ petition is dismissed. However, this dismissal shall not preclude the petitioners from approaching the District Magistrate with a prayer for revisiting or revising the order dated December 10, 2024. Accordingly, WPA 2080 of 2025 is dismissed. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.)