Indian Kanoon - Search engine for Indian Law

Calcutta High Court (Appellete Side)

Smt. Mandodari Chatui vs The West Bengal State Electricity ... on 9 July, 2013

Author: Pranab Kumar Chattopadhyay

Bench: Pranab Kumar Chattopadhyay

                                             1


09.07.13
28/akd

                                 F.M.A. 949 of 2013
                                        with
                                 C.A.N. 9468 of 2012

                                 Smt. Mandodari Chatui
                                            -Vs-
           The West Bengal State Electricity Transmission Co. Ltd. &
                                      Ors.
                    ..........................................................................................................................................

Mr. T. K. Ghosh (II), Mrs. Arundhati Banerjee ... ... for the appellant Mr. Sujit Sankar Koley ... ... for the WBSETCL Mr. Ram Mohan Chattopadhyay ... ... for the respondent Nos. 2 & 3 Re : C.A.N. 9468 of 2012 This application has been filed in connection with the appeal preferred from the order dated August 8, 2012 passed by a learned Judge of this court whereby and whereunder the said learned Judge disposed of the writ petition upon observing that the said writ petitioner should approach the civil court for redressal of the grievances.

It has been alleged on behalf of the appellant- petitioner that the respondent-WBSETCL authorities have drawn electric line over the roof of the premises in question owned by the said appellant- petitioner in order to supply electricity to the respondent No. 6.

The learned Advocate representing the appellant-petitioner submits that the said appellant-petitioner has been prevented from constructing any floor in future over the roof in view of drawing the electric line by the respondent- WBSETCL authorities.

The learned Advocate representing the respondent-WBSETCL authorities further submits that no live wire has been drawn over the roof of the appellant-petitioner herein and the electric line has been drawn over the private road used by the local people for the purpose of supplying electricity to the respondent No. 6 herein.

Be that as it may, we make it clear that the respondent-WBSETCL authorities will not draw any electric line over the roof of the appellant- petitioner herein and in the event any such line has already been drawn then the same should be shifted immediately so that the appellant-petitioner may not find any difficulty in future to raise any construction above the roof of the premises.

With the aforesaid observations and directions, we set aside the impugned order under appeal passed by the learned Single Judge and dispose of both the application as well as the appeal upon treating the said appeal as on day's list.

In the facts of the present case, there will be no order as to costs.

Let a xerox plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned Advocates of the respective parties on usual undertaking.

(Pranab Kumar Chattopadhyay, J.) (Dr. Sambuddha Chakrabarti, J.)