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2023 Supreme(Online)(CAL) 10297

CALCUTTA HIGH COURT
HON'BLE JUSTICE SABYASACHI BHATTACHARYYA
MAHABUL – Appellant
Versus
WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LTD AND ORS – Respondent
WPA/28934/2022



Headnote:

Fact of the Case:

The petitioner's electricity connection was disconnected after an incident of electrocution involving a fallen electricity line connecting the petitioner's submersible pump. The petitioner's complaint was resolved by the ACJM, and the widow of the deceased agreed to the resolution. However, the petitioner's electricity connection was not restored by the distribution Licensee.

Finding of the Court:

The court directed the WBSEDCL to carry out necessary repairs and restore the petitioner's electricity connection within January 16, 2023.

Issues: Whether the WBSEDCL was obligated to restore the petitioner's electricity connection after the incident of electrocution.

Final Decision: The court directed the WBSEDCL to restore the petitioner's electricity connection within January 16, 2023.

15 04.01.2023 mb IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 28934 of 2022 Mahabul Vs.

The West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Md. Kutubuddin … for the petitioner Mr. Kanak Kiran Bandyopadhyay …for the WBSEDCL Affidavit-of-service filed in Court today be kept on record.

Learned counsel appearing for the petitioner contends that due to weather disruptions, the electricity line connecting the petitioner's submersible pump fell down and there was an incident of electrocution. Subsequently, a complaint was lodged by the widow of the deceased person and the same was resolved by the ACJM, Chanchal, Malda, holding that the complaint was baseless and motivated. Thereafter, the widow of the said deceased person agreed to such proposition and has given in writing that the matter was resolved in a village salish.

However, it is submitted that the petitioner’s electricity connection was never restored by the distribution Licensee.

2 Learned counsel appearing for the West Bengal State Electricity Distribution Company Limited (WBSEDCL), on instruction, submits in his usual fairness that the WBSEDCL is taking all steps to restore the electric connection of the petitioner upon carrying out necessary repairs. Since a transformer is required to be installed for such purpose, the WBSEDCL, it is submitted, shall require at least seven days’ time to give such connection to the petitioner.

Accordingly, W.P.A. No. 28934 of 2022 is disposed of by directing the WBSEDCL to carry out necessary repairs, upon installing whatever apparatus they require to restore the electricity connection of the petitioner to his submersible pump, and to restore such connection at the earliest, positively within January 16, 2023.

All parties shall act on the server copy of this order, without insisting upon prior production of a certified copy thereof, for the purpose of compliance.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

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