MAHADEV BARAI v. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMTIED AND ORS.
WPA/18620/2026 · 2026-09-10
Om Narayan Rai
body2026
DailyLaw.ai
[ 2026 DAILYLAW 39538 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 39538 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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10.09.26 D/L Sl-16 Ct. 07 (Samar)
W.P.A. 1 WPA 18620 of 2026
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Mahadev Barai -Vs- The West Bengal State Electricity Distribution Company Limited & Ors. Mr. Subhendu Banerjee,
…for the petitioner. Mr. Debanjan Mukerhee, … for the WBSEDCL. 1. Report filed on behalf of the WBSEDCL authorities is taken on record. 2. None appears for the private respondent. 3. Affidavit of serves reveals that the private respondent has been served. 4. The petitioner complains of arbitrary action on the part of the respondent WBSEDCL authorities in drawing electricity line allegedly over the petitioner’s property. 5. Mr. Banerjee, learned advocate appearing for the petitioner submits that the WBSEDCL authorities have draw line over the petitioner property for purpose of giving electricity supply to the private respondent and a pole has been erected on the petitioner’s property. 6. Mr. Mukherjee, learned advocate appearing for the WBSEDCL authorities refers to the report filed by him in Court today and submits that the pole has
2 been erected on a kacha rasta beside the water lock land and it is not on any private land. 7. Having regard to the nature of the dispute raised, it would not be possible for this Court to adjudicate in a summering proceeding on the basis of the affidavit evidence. 8. Such dispute can raise be resolved by the appropriate authority under Rule 3 of the Works of Licensee Rules 2006. The District Magistrate of the relevant district is one such authority. Accordingly, the petitioner is left free to make an appropriate representation before the District Magistrate, Purba Medinipur detailing his grievances. One such representation is made, the District Magistrate shall draw appropriate proceedings, cause inspection to be done and pass a reasoned order in according with law upon hearing all parties including the private respondent. 9. Needless to mention that inspection would be done in presence of the petitioner, the private respondent and the WBSEDCL authorities upon advance notice and copies of inspection report shall be furnished to all the parties. All the parties would be entitled to take exception thereto. The District Magistrate would dispose of the proceedings by passing a reasoned order in according with law as aforesaid, within a period of 12 weeks from date of making of
3 the representation.
A copy of the reasoned order shall be provided the all parties within a week from passing thereof. In course of action shall be guided by the order passed by the District Magistrate. 10. Accordingly, WPA 18620 of 2026 stands disposed of. No Costs. 11. 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.)