Item No.09 18.09.2026 Court. No. 236 Cp WPA 21269 of 2022 Sri Nabakumar Pal Vs. The State of West Bengal & Ors. Mr. Sanat Kr. Das Mr. Suvadip Bhattacharjee Mr. Ashis Bhattacharjee Mr. Rohan Bavishi Mr. Krishnendu Pal … for the Petitioner. Ms. Reshmi Ghosh Ms. Renesa Dey … for the State. 1. The petitioner and the State respondents are represented. 2. The petitioner is a cultivator. He installed two submersible pumps over a plot of land situated at Mouza: Ramnathour, J.L. No.05, Dag No.1320, Mahanad Gram Panchayat, District – Hooghly. The petitioner made a representation to the respondents including the Assistant Engineer, Chinsurah, A.I. Sub-Division, Rabindranagar, Pearabagan, Hooghly, with a request not to set up or erect any deep tube well or submersible pump within the coverage area of the petitioner. 3. In support of his contention, the petitioner cited a judgment dated August 26, 2010 passed by a coordinate Bench of this Court in W.P. No. 2264(W) of 2010 (Monija Bibi & Anr. vs. The West Bengal State Electricity Distribution Company Ltd. & Ors.). By the said judgment, this Court, inter alia, held:- 2 “9. Rule 11 of the West Bengal Ground Water Resources (Management, Control and Regulation) Rules, 2006 provides that any user, who has sunk a well for extracting or using ground water in any area before the date of coming into force of the Act, shall make, in Form 6 an application referred to any sub- s.(1) of s.8 within a period of six months from the date of coming into force of the Rules, to the authorized officer. The Rules came into force on August 1, 2006 in terms of the provisions of r.1(2) thereof. 10. Section 16 of the Act provides as follows: "16. Offences and penalties. - If any person, in the matter of sinking, or construction, or use, of any well, - (a) contravenes, or fails to comply with, any of the provisions of this Act or the rules made thereunder, or (b) obstructs the State Level Authority, or the District Level Authority or the Corporation Level Authority, or any person authorized by the State Level Authority, he shall be punishable, - (i) for the first offence, with fine which may extend to five thousand rupees; and (ii) for the second or subsequent offence, with fine which may extend to ten thousand rupees." 11. It is, therefore, evident that a user sinking a well for extracting or using ground water in any district of the State without obtaining a permit under s.7, and a user who had sunk a well for extracting or using ground water in any district before the date of coming into force of the Act continuing to extract or use ground water without making an application within six months from August 1, 2006 to the District Level Authority concerned for a certificate of registration both are liable to be prosecuted under s. 16 of the Act. 12. Under the circumstances, there cannot be any question of asking the Distribution Company to give supply of electricity in the discharging of its statutory obligation under s.43 of the Electricity Act, 2003 to anyone for operating an illegal well or pump for extraction or use of ground water. The licensee is to supply electricity only to such a user who has been authorized by the Authority either by issuing a permit or a certificate of registration to extract or use ground water. 13. In this case both the petitioners and the private respondents are claiming right to extract and use ground water from their respective wells sunk in areas located in the district Murshidabad, and hence the Distribution Company will be required to give them supply of electricity only if they want to use it for working their lawfully installed submersible pumps for extraction or use of 3 ground water. They cannot be permitted to use electricity for operating any pump installed in any illegally sunk well.” 4. Therefore, before a submersible pump is installed for extraction or use of ground water, the same has to be done in accordance with the provisions of the West Bengal Ground Water Resources (Management, Control and Regulation) Rules, 2006. 5. In view of the above, the respondent no.2 is directed to consider the demand notice dated August 8, 2022 submitted by the petitioner and dispose of the same in accordance with law, after extending an opportunity of hearing to the petitioner and all other interested parties. 6. The respondent no. 2 is further directed to pass a reasoned order within a period of eight weeks from the date of communication of this order. 7. Accordingly, the writ petition stands disposed of. 8. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Arjun Ray Mukherjee, J.)