13.08.2026 Item No.20 (DL) Court No.07 (Susanta) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 16608 of 2026 < Biswanath Das -Vs- The State of West Bengal & Ors. Mr. Rafikul Islam Sardar, Mr. Uttam Kumar Pradhan, …for the petitioner. Mr. Kanak Kiran Bandyopadhyay, ….for the WBSEDCL. Mr. Sourav Sengupta, … for the State. 1. The petitioner complains of arbitrary action on the part of the respondent WBSEDCL authorities in installing a transformer over the bastu land of the petitioner without the consent of the petitioner. 2. Learned advocate appearing for the petitioner submits that the petitioner purchased the subject land by a registered deed of conveyance on November 20, 2013. It is submitted that for medical reasons the petitioner had to remain away from the State for a substantial period of time and when the petitioner returned the transformer was already installed over the petitioner’s land. It is submitted that the respondent WBSEDCL authorities colluded with respondent nos. 7-12 and installed the transformer on the petitioner’s 2 land in order to support the business of the private respondents. 3. Mr. Bandyopadhyay, learned advocate appearing for the respondent WBSEDCL authorities files a report in the form of affidavit which indicates that the transformer/pole sub- station was installed on May 29, 2015. It is submitted that at the time when the transformer/pole sub-station was installed, no objection was raised and that the petitioner represented against such installation for the first time only on May 18, 2023. The report further indicates that upon the petitioner’s representation made on May 18, 2023 the Station Manager issued a letter of even date informing the petitioner about the procedure and formalities to be followed for the purpose of shifting of the high-tension overhead line and the pole/sub-station but the same could not be done, since the petitioner did not take any step in terms of the said letter. 4. Mr. Sengupta, learned advocate appearing for the respondent State authorities hands up to Court an instruction forwarded to him by the Inspector-in-charge, Nandigram Police Station, Purba Medinipur, the same is taken on record. 3 5. Having heard the learned advocate appearing for the respective parties and having considered the material on record this Court is of the view that the present dispute should be resolved by the District Magistrate in terms of the Works of Licensees Rules, 2006 inasmuch as it is not in dispute that the high-tension overhead line is for the purpose of distribution and not for transmission. Accordingly, the petitioner is permitted to make a representation before the District Magistrate for the purpose of getting the pole/sub-station installed on the petitioner’s land shifted from that land to a different location. 6. If such representation is made, the District Magistrate shall decide the same in terms of Rule 3 of the Works of Licensee Rules of 2006 upon giving an opportunity of being heard to the petitioner as well as the respondent WBSEDCL authorities as also the other interested parties. 7. The District Magistrate shall be free to devise such procedure or mechanism as the said authority may deem fit for the purpose of ascertaining the place where the pole/sub- station can be shifted and for such purpose the District Magistrate would be free to take the assistance of the Block Land and Land Reforms 4 Officer and/or any other officer who, according to the District Magistrate, would be competent for such purpose. 8. If any inspection is conducted, the report of such inspection would be supplied to all the parties and the final decision will be taken only upon granting an opportunity of hearing to all the interested persons. 9. The District Magistrate is requested to conclude the aforesaid exercise as expeditiously as possible and preferably within a period of twelve weeks from the date of communication of this order. 10. The District Magistrate shall pass a reasoned order and communicate the same to all the parties within a week from passing the order thereof. 11. With the aforesaid observation, the WPA 16608 of 2026 stands disposed. No costs. 12. 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.)