13.08.2026 Item No.21 (DL) Court No.07 (Susanta) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 17483 of 2026 < Khondakar Selina Murshed -Vs- The State of West Bengal & Ors. Mr. Khondakar Nuran Nabi, …for the petitioner. Mr. Srijan Nayak Ms. Rituparna Maitra, ….for the WBSEDCL. Mr. Madhu Jana, Mr. Yudhisthir Maity, … for the State. 1. Report in the form of affidavit filed on behalf of the respondent WBSEDCL authorities is taken on record. 2. The petitioner alleges arbitrariness on the part of the respondent WBSEDCL authorities in erecting poles on the petitioner’s property. 3. Mr. Nabi, learned advocate appearing for the petitioner submits that the petitioner’s property has been used by the respondent WBSEDCL authorities for the purpose of distributing electricity by erecting poles over it. 4. It is submitted that the petitioner has made several representations to the respondent WBSEDCL authorities which went unheeded. Thereafter, it is submitted, 2 that the petitioner also represented to the District Magistrate requesting the District Magistrate Birbhum to take action in terms of the relevant provisions of the Works of the Licensee Rules, 2006, however, the District Magistrate has not taken any step and the petitioner has, therefore, been left in the lurch. 5. Learned advocate appearing for the respondent WBSEDCL authorities submits that the electricity pole was erected for the purpose of providing electricity to one Samsunnehar Khatun and no objection was raised by the petitioner or any other person at the relevant point of time. 6. Having heard the learned advocate appearing for the respective parties and having considered the materials on record this Court is of the view that since a representation has already been made to the District Magistrate, Birbhum who is the competent authority in terms of Rules 3 of the Works of Licensee Rules, 2006, the said District Magistrate should take a decision on the petitioner’s representation in accordance with law. 7. Accordingly, it is directed that the District Magistrate, Birbhum would take a 3 decision on the petitioner’s representation dated December 23, 2025 in accordance with law. 8. The District Magistrate shall get appropriate inspection done by the Block Land and Land Reforms Officer and/or such other competent authority as the District Magistrate may deem fit and proper and ascertain as to whether shifting of the pole from the petitioner’s land to some other place is possible or not. 9. Upon such inspection being conducted, the District Magistrate will give an opportunity of hearing to the petitioner as well as the respondent WBSEDCL authorities and other interested persons prior to taking the final decision. 10. A copy of the inspection would be supplied to all parties prior to taking the final decision and the parties would be heard on the inspection report also. 11. 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 making of the representation. 12. The District Magistrate shall pass a reasoned order and communicate the same 4 to all the parties within a week from passing the order thereof. 13. With the aforesaid observation, the WPA 17483 of 2026 stands disposed. No costs. 14. 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.)