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2023 Supreme(Cal) 502

RAJA BASU CHOWDHURY
Purnima Chowdhury – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Swapan Kumar Nandi Mr. Debojyoti Ghosh Mr. Sizan Nandi
For the Respondent: Mr. Sumit Kumar Panja Mr. Sujit Shankar Koley

JUDGMENT :

Raja Basu Chowdhury, J.

1. At the very outset, it is submitted by the parties that consequent upon the Electricity Act, 2003 being notified, by a notification published in the Kolkata Gazette on 25th January 2007, the Governor, in exercise of powers under Sub-Section (4) of Section 131 of the Electricity Act, 2003, had been pleased to notify a Scheme for providing and giving effect to the transfer and vesting of all properties and all interests, rights and liabilities of the Board in the State Government and re-vesting thereof by the State Government in the West Bengal State Electricity Transmission Company (WBSETC) and West Bengal State Electricity Distribution Company (WBSEDC) along with other properties, interests, rights and liabilities of the State Government and for determining the terms and conditions on which such transfers or vesting or revesting shall be made.

2. By referring to the aforesaid notification it is submitted that consequent upon operation of the aforesaid scheme, the interest of the respondent no. 2 has been transferred to and is finally vested in the West Bengal State Electricity Distribution Company Limited (WBSEDCL). By relying on the aforesaid not

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