Calcutta High Court (Appellete Side)
Sri Uttam Kumar Jana And Others vs The State Of West Bengal And Others on 20 May, 2024
AD-14
Ct No.09
20.05.2024
TN
WPA No. 13321 of 2024
Sri Uttam Kumar Jana and others
Vs.
The State of West Bengal and others
Mr. Balai Lal Sahoo,
Mr. Manoranjan Mahata
.... for the petitioners
Mr. Ayan Banerjee
.... for the State
Mr. Srijan Nayak,
Mrs. Rituparna Maitra
.... for the WBSEDCL
1.Affidavit-of-service filed today be kept on record.
2. Learned counsel for the petitioners contends that this is the third round of litigation for the petitioners. Initially upon moving court, since a transformer was unlawfully installed without the consent of the petitioners on the petitioners' property, this court had directed the matter to be taken up by the District Magistrate. The District Magistrate decided the same in a cryptic fashion which prompted the petitioners to move this court again.
3. In the second round of litigation, this court had formulated the points and remanded the matter back to the District Magistrate. This time, the District Magistrate, by his order dated January 24, 2024, categorically directed the transformer to be removed from 2 the petitioners' property, which was held to belong to the petitioners, within a month from the date of receipt of the order.
4. However, till date, no such removal has taken place.
5. Learned counsel appearing for the West Bengal State Electricity Distribution Company Limited (WBSEDCL) cites the ongoing elections and the prelude thereto for taking the plea that the officers of the WBSEDCL were appointed in the conduct of the elections for which the work could not be done. That apart, certain technical reasons are also sought to be cited by the WBSEDCL. However, this court cannot buy such reasons, since the election process started much after the direction of the District Magistrate.
6. Moreover, the WBSEDCL has got sufficient time till date to carry out the removal as directed by the District Magistrate but has failed to do so without any credible reason.
7. However, on the prayer of learned counsel for the WBSEDCL, as a last chance, the WBSEDCL is directed to remove the transformer from the petitioners' property and to restore the property to its original condition within June 07, 2024.
8. The matter shall be listed on June 11, 2024 under the heading "To Be Mentioned" for the WBSEDCL to file a report of compliance and for passing further orders. 3 (Sabyasachi Bhattacharyya, J.)