JAGANNATH BASAK v. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED AND ORS.
WPA/14322/2025 · 2026-09-11
Om Narayan Rai
body2026
DailyLaw.ai
[ 2026 DAILYLAW 40168 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 40168 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
D/L11 11.09.2026 Bpg.
WPA No.14322 of 2025 With CAN 1 of 2026
Jagannath Basak Versus The West Bengal State Electricity Distribution Company Limited & Ors.
Ms. Priyanka Jana Mr. Bikramjit Mandal Mr. Parimal Sardar. …for the petitioner.
Dr. Madhusudan Saha Ray Mr. Debanjan Chatterjee. …for the WBSEDCL.
Re: CAN 1 of 2026
1. CAN 1 of 2026 is an application for restoration of a writ petition which was dismissed for default by an
order dated February 13, 2026 due to non- representation of the petitioner.
2. In view of the good grounds shown in the application for restoration, the
order dated February 13, 2026 is recalled and WPA 14322 of 2025 is restored to its original file and number.
3. Thus, CAN 1 of 2026 is allowed.
2 Re: WPA No.14322 of 2025
1. The writ petitioner seeks shifting of a transformer that has been installed in the vicinity of the petitioner’s shop and residential premises.
2. The WBSEDCL Authorities have filed a report indicating that the transformer has been installed some twenty years back and no-objection was taken by the petitioner at the point of time when such transformer was installed.
3. The petitioner has filed an exception to the report indicating that the transformer was installed only five years back.
4. The report does not indicate the safety measures that may have been taken by the WBSEDCL Authorities. However, it indicates that a letter had been issued to the writ petitioner to show two alternative locations for shifting the transformers upon payment of costs by the writ petitioner.
5. The petitioner contends that the petitioner is unable to show more than one alternative space.
6. In case the petitioner seeks shifting of the transformer, the cost of such shifting would have to be mandatorily borne by the petitioner because it is the petitioner’s call for shifting.
7. Moreover, the petitioner has not been able to show anything on record on the basis whereof, this
3 Court can direct shifting of the transformer. Accordingly, this Court cannot issue a mandamus in such regard.
8. However, in terms of the provisions of Section 53 of the 2003 Act and the principles which prop the second proviso to Rule 3 of the Work Licensee Rules, the petitioner may request the District Magistrate for getting the transformer shifted to a different location upon showing sufficient cause regarding safety.
9. The petitioner would be free to approach the District Magistrate of the relevant District by making appropriate representation for such purpose.
10. If such representation is made, the District Magistrate would dispose of the same upon hearing of all the parties in accordance with law.
11. WPA 14322 of 2025 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.)