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2026 DAILYLAW 38686 (CAL)

MAMATA PAL v. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED AND ORS.

WPA/10312/2025 · 2026-09-07

Om Narayan Rai

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.09.2026 Item No.38 (ML) Court No.7 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 10312 of 2025 Mamata Pal -Vs- The West Bengal State Electricity Distribution Company Limited & Ors. Mr. Subhrajyoti Ghosh. …for the petitioner. Mr. Sujit Sankar Koley, Mr. Tathagata Deb. …. for the WBSEDCL. 1. Affidavit of service filed in Court today is taken on record. None appears for the private respondents despite service. 2. The petitioner complains of arbitrariness on the part of the respondent WBSEDCL Authorities in shifting the electric line that is passing over the roof of the petitioner’s thatched house. It is submitted that the said electric line is used for supplying electricity to the private respondent. 3. The petitioner submits that a suit being Title Suit No. 30 of 2020 had been instituted by the petitioner before the learned Civil Judge (Senior Division), 1st Court at Krishnanagar seeking permanent and mandatory injunction against the private respondents and the said suit has been decreed in favour of the petitioner. 2 4. A report has been filed on behalf of the WBSEDCL Authorities which indicates that upon the request of the petitioner’s son WBSEDCL Authorities attempted to “re-route the service connection” of the private respondents. However, such attempt failed due to objection raised on behalf of the private respondents. 5. The report further reveals that the petitioner apprehends that because of branches of trees rubbing over the electric lines, sparks may be generated that may cause mishaps. 6. The WBSEDCL Authorities are, in principle, agreeable to shift the relevant electric line that passes over the roof of the petitioner’s thatched house, subject to availability of an alternative route and subject to the petitioner’s bearing the costs of such shifting. 7. The WBSEDCL Authorities are accordingly directed to conduct an inspection at the relevant site. If upon inspection, WBSEDCL Authorities find that the electric line can be shifted from the present place to a different present place such that the petitioner’s house is not endangered, the WBSEDCL Authorities would do so upon payment of shifting costs by the petitioner. 8. Such inspection shall be conducted by the WBSEDCL Authorities within two weeks from date. Within one week of the inspection 3 the WBSEDCL Authorities will inform the petitioner about the costs to be paid by the petitioner, if, the WBSEDCL Authorities reach the conclusion that an alternative feasible way for shifting the electric line has been found out. Within two weeks of the petitioner paying such costs, the WBSEDCL Authorities would shift the electric line. 9. In case, any obstruction is raised or resistance is faced by the WBSEDCL Authorities in either conducting the inspection or in executing the work of shifting, (if the same is found feasible and costs is paid), the WBSEDCL Authorities would be entitled to approach the Officer-in-Charge, Nabadwip Police Station, i.e. the respondent no.4 for police assistance. 10. If the respondent no.4 is so approached by the WBSEDCL Authorities the said respondent would afford adequate police assistance to the WBSEDCL Authorities for acting in terms of this order i.e. for conducting inspection and for shifting the electric line, if the same is found feasible. 11. Costs for police assistance would be borne by the petitioner. 12. WPA 10312 of 2025 stands disposed of. No costs. 4 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.)