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Calcutta High Court · body

2026 DAILYLAW 39738 (CAL)

SUKDEB MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/22641/2026 · 2026-09-10

Om Narayan Rai

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L34 10.09.2026 Bpg. WPA No.22641 of 2026 Sukdeb Mondal Versus The State of West Bengal & Ors. Mr. M.A. Samad Mr. Taher Ahamad Mr. Tanaya Banerjee Ms. Priyanka Sharma. …for the petitioner. Dr. Madhusudan Saha Ray Mr. Debanjan Chatterjee. …for the WBSEDCL. Mr. Prosenjit Mukherjee Mr. Raja Roy. …for the respondent nos.9 and 10. 1. The petitioner is aggrieved by the inaction of the respondent/WBSEDCL Authorities in not removing/shifting the electric pole and overhead electric line from the petitioner’s plot nos.1184 and 1177 at Mouza-Bhuniyara under Police Station- Daspur, District-Paschim Medinipur. 2. The petitioner complains that the representation made by him before the WBSEDCL Authorities has gone unheeded and the electric pole and electricity line have not been shifted despite requests. 3. WBSEDCL Authorities submit that the pole and the electric line had been placed at the relevant location in the year 2006 and the petitioner did not 2 object to the same at the relevant point of time. It is further submitted that if the same is removed, only the petitioner would be benefitted and the private respondents would suffer for want of electricity. 4. The private respondents submit that the pole has been erected in the property owned by the private respondents and not the petitioner and as such, there is no cause for shifting. 5. Having regard to the nature of the dispute that exists between the parties, a writ court would not be the proper forum to adjudicate the same. 6. Rule 3 of The Works of Licensee Rules, 2006 provides a mechanism for resolution of such dispute. Accordingly, the petitioner is granted liberty to approach the District Magistrate, Paschim Medinipur, i.e. respondent no.3 by way of an appropriate representation seeking shifting of the electric pole and the electric line from the place where it is to a different place. 7. The District Magistrate, Paschim Medinipur shall upon receipt of the petitioner’s representation draw appropriate proceedings, cause inspection and take a reasoned decision within a period of 12 weeks from the date of making of such representation, upon hearing the petitioner, the WBSEDCL Authorities as well as the private respondents. 3 8. Any inspection that would be conducted, would have to be done in presence of all the parties and all parties will be furnished copies of the inspection report. All parties would be entitled to take exception thereto in accordance with law. 9. The reasoned order passed by the District Magistrate shall be communicated to the parties within a week from passing thereof. 10. It is made clear that this Court has not gone into the merits of either the petitioner’s case or the objection raised by the private respondents. All points are left open to be urged before and decided by the District Magistrate in accordance with law. 11. WPA 22641 of 2026 stands disposed of. There will be no order as to costs. 12. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Om Narayan Rai, J.)