20.08.2026 Item No.15 (DL) Court No.7 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 14209 of 2026 Rupsona Begum -Vs- The West Bengal State Electricity Distribution Company Ltd. & Ors. Mr. Miraj Hossain, Ms. Salma Sultana Shah, Mr. Sani Hossain. …. for the petitioner. Dr. Madhusudan Saha Ray, Mr. Debanjan Chatterjee. …..for the WBSEDCL. 1. Exception filed by the petitioner to the report filed on behalf of the respondent WBSEDCL Authorities is taken on record. 2. The writ petitioner alleges arbitrary action on the part of the respondent WBSEDCL Authorities in installing a transformer on the writ petitioner’s land. 3. Report filed on behalf of the WBSEDCL Authorities indicates that the transformer has been installed on a Government land as identified by the local authorities. 4. The petitioner has taken exception to such report and has annexed to the exception record-of-rights asserting that the land whereat the transfer has been installed does not belong to the Government but to the petitioner. 5. The issue as to whether the transformer has been installed on the petitioner’s property or 2 on Government land is a disputed question of fact. Such issue ought to be decided by the appropriate authority in terms of the relevant provisions of the Electricity Act, 2003 and the Rules framed thereunder. 6. In terms of Rule 3 of the Works of Licensee Rules, 2006 one such appropriate authority is the District Magistrate of the relevant district. 7. Since the petitioner’s property falls within the district of Hooghly therefore, the petitioner is granted liberty to make appropriate representation before the District Magistrate, Hooghly seeking shifting of the transformer from the place where it is presently installed to a different location. If such representation is made, the District Magistrate, Hooghly shall consider the same and pass appropriate orders upon conducting appropriate inspection through competent officers which may include Block Land and Land Reforms Officer. 8. The inspection which may be conducted for such purpose, would, among other aspects, also be aimed at ascertaining the feasibility of shifting the transformer and identification of the subject land keeping in mind the petitioner’s allegation that the land belongs to the petitioner. Such inspection shall be conducted upon prior 3 notice to the petitioner as well as the WBSEDCL Authorities. 9. A copy of the inspection report shall be supplied to all parties and all parties will be afforded opportunity to state their respective cases as well as to take exception to the inspection report. 10. The District Magistrate shall consider all material-on-record and the respective cases stated by the parties and shall pass a reasoned order, in accordance with law. 11. The entire exercise as aforesaid shall be concluded by the District Magistrate, Hooghly within a period of 12 weeks from the date of making of the representation by the petitioner. The District Magistrate, Hooghly shall communicate the reasoned order passed as above, to all parties within a week from passing thereof. The said District Magistrate shall ensure that peace is maintained at the locality at the time of inspection and that the petitioner is allowed to participate in the inspection. 12. WPA 14209 of 2026 stands dispose 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.)