C o u r t N . 2 2 S l 1 5 1 / C L 08.09.26 D/L Sl-01 Ct. 07 (Samar) W.P.A. 1 WPA 19002 of 2026 < Rajendra Prasad Dutta -Vs- The State of West Bengal & Ors. Mr. Subhabrata Datta, Mr. Aranya Saha, …for the petitioner. Mr. Samrat Mukherjee, Ld. AGP, Mr. Sujit Mitra, ….for the State Respondents. Mr. Tanmay Chowdhury, Ms. Ritoprita Ghosh, Ms. Sulagna Sarkar, ….for the Respondent Nos. 6 & 7. Dr. Madhusudan Saha Ray, Ms. Debangana Dey, Mr. Debanjan Chatterjee, … for the WBSEDCL. 1. The petitioner alleges inaction on the part of the respondent WBSEDCL authorities in granting electricity supply to the petitioner’s residential premises. 2. Mr. Datta, learned advocate appearing for the petitioner submits that the petitioner is residing in the first floor of the premises which is owned by the petitioner’s father and since the petitioner is residing in a separate mess therefore the petitioner is entitled to a separate metered supply. 3. A report has been filed by the WBSEDCL authorities which indicates that the petitioner is enjoying electricity supply through the connection in the 2 name of the petitioner’s father. 4. The report further reveals that the electricity supply could not be effected in favour of the petitioner since the petitioner was unable to identify any alternative route to provide new service connection. 5. The report also reveals that the route through which existing connection has been provided is not a viable route as the other co-sharers are raising objection in user thereof. 6. Learned advocate appearing for the private respondent submits that the route through which WBSEDCL authorities are trying to take electricity supply is not the private passage of the petitioner and since the private respondents also have right over the same, the same cannot be used for the purpose of supplying electricity only in favour of the petitioner. 7. Heard the learned advocates appearing for the respective parties and considered the material on record. 8. It is noticed that it is not the case of the WBSEDCL authorities that the petitioner is not entitled to electricity supply for any reason including splitting of load. In such view of the matter, there appears to be no dispute as regards the petitioner’s entitlement to a separate service connection. 9. The only dispute that now remains to be resolved is 3 one as regards the route through which electricity supply can be effected in favour of the petitioner. Such dispute cannot be resolved by this Court in a proceeding under Article 226 of the Constitution of India by way of affidavit evidence. 10. Rule 3 of the Works of Licensee Rule 2006, read with Section 67 of the Electricity Act, 2003 provides that the appropriate authority which includes the District Magistrate of the relevant district, can take appropriate measures to resolve such dispute. 11. In such view of the matter, the WBSEDCL authorities shall make an application before the District Magistrate, Hooghly within two weeks from date seeking resolution of the disputes as regards the alternative route through which a new service connection can be granted to the petitioner. 12. Once such application is made, the District Magistrate, Hooghly shall draw appropriate proceedings, cause inspection to be taken and then take a reasoned decision, in accordance with law, within eight weeks from the date of making of such application. 13. Needless to mention that the District Magistrate shall be free to devise its own procedure for the purpose of inspection and shall be free to take assistance of the relevant Block Land and Land Reforms Officer as well. 4 14. It is clarified that the inspection that is to be conducted shall be so conducted upon notice to the all parties i.e. the petitioner, WBSEDCL authorities and the private respondents and copies of the inspection shall be furnished to all the aforesaid parties. 15. All of the aforesaid parties will be entitled to take exception to the report. The District Magistrate shall afford an opportunity to hearing to all the parties prior to taking the final decision. 16. The reasoned decision to be taken by the District Magistrate, within the period aforesaid shall be communicated to all parties within a week from the date of taking thereof. 17. WPA 19002 of 2026 stands disposed of. No Costs. 18. 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.)