Disposed¶13

Kinkar Chandra Biswas v. the West Bengal State Electricity Distribution Company Limited and Ors.

Calcutta HC5 Feb 2024WPA/26728/2023

Case brief

AI extract

What is this about?

Electricity connection writ, Calcutta High Court, W.P.A. 26728 of 2023, Kinkar Chandra Biswas v. WBSEDCL & Ors., Sabyasachi Bhattacharyya J.; directions for fresh inspection on prior notice, quotation/offer letter, and supply of electricity connection subject to compliance (submersible pump, meter room); timelines of one week / one week / fortnight; no costs; no statute or precedent cited.

What did the court decide?

Writ petition disposed of with directions to WBSEDCL: (i) further inspection on prior notice within a week; (ii) if formalities complied with, raise quotation/offer letter within a week thereafter; (iii) give electricity connection within a fortnight of the petitioner's compliance, if feasible otherwise; no order as to costs. ¶13

Kinkar Chandra Biswas Vs the West Bengal State Electricity Distribution Company Limited and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether the WBSEDCL is obliged to inspect and provide an electricity connection to the petitioner upon his compliance with due formalities, including installation of a submersible pump and construction of a meter room, and within what timelines.

¶13

Court's answer

The writ petition need not be kept pending unnecessarily on the count of alleged insufficient notice of inspection.

¶12

Ratio / Principle

WBSEDCL is directed to hold a further inspection upon prior notice to the petitioner within a week from date, to ascertain whether all due formalities, including installation of a submersible pump and construction of a meter room, have been complied with.

¶13

Key takeaways

If the basic formalities are found complied with, WBSEDCL shall raise a quotation/offer letter within a week thereafter.ratio¶14
Upon the petitioner's compliance of all formalities, WBSEDCL shall give the electricity connection within a fortnight from such compliance, if feasible otherwise.ratio¶15

Detailed headnote1 paragraphs

Writ petition (W.P.A. No. 26728 of 2023, High Court at Calcutta, Sabyasachi Bhattacharyya, J.) concerning grant of electricity connection by WBSEDCL disposed of with directions: WBSEDCL to hold a further inspection upon prior notice to the petitioner within a week to verify compliance with due formalities (installation of submersible pump and construction of meter room); upon finding compliance, to raise a quotation/offer letter within a week thereafter; and, upon the petitioner's compliance of all formalities, to give the connection within a fortnight thereof, if feasible otherwise. No order as to costs. The Court declined to keep the petition pending on the petitioner's grievance of insufficient notice of a prior inspection attempt.

¶1

A-07 05.02.2024 mb

¶2

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

¶3

W.P.A. No. 26728 of 2023

¶4

Kinkar Chandra Biswas Vs.

¶5

The West Bengal State Electricity Distribution Company Limited & Ors.

¶6

Mr. Md. Kutubuddin …for the petitioner

¶7

Ms. Gopa Roy

¶8

…for the WBSEDCL

¶9

Learned counsel appearing for the West Bengal State Electricity Distribution Company Limited (WBSEDCL) submits that on February 01, 2024 the petitioner intimated in terms of an order dated January 17, 2024 that due formalities have been complied with by the petitioner, including installation of a submersible pump and construction of a meter room. However, on the very same date, the WBSEDEL personnel went there but could not find the petitioner in spite of waiting for some time. Although externally it appeared that a meter room had been constructed, appropriate inspection could not be held by the team due to absence of the petitioner.

¶10

¶11

Learned counsel for the petitioner submits that sufficient notice of inspection was not given to the petitioner.

¶12

Be that as it may, the writ petition need not be kept pending unnecessarily on such count.

¶13

W.P.A. No. 26728 of 2023 is disposed of by directing the WBSEDCL to hold a further inspection upon prior notice to the petitioner within a week from date to ascertain whether all due formalities, including installation of a submersible pump and construction of a meter room, have been complied with by the petitioner.

¶14

In the event it is found that such basic formalities have been complied with, the WBSEDCL shall raise a quotation/offer letter within a week thereafter.

¶15

Upon compliance of all the formalities by the petitioner in that regard, if feasible otherwise, the WBSEDCL shall give such connection to the petitioner within a fortnight from the date of such compliance by the petitioner.

¶16

There will be no order as to costs.

¶17

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

¶18

(Sabyasachi Bhattacharyya, J.)

Kinkar Chandra Biswas v. the West Bengal State Electricity Distribution Company Limited and Ors.

Case brief

What is this about?

What did the court decide?

Kinkar Chandra Biswas v. the West Bengal State Electricity Distribution Company Limited and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Hemant Kanoria Vs Union Bank of India

Bond Construction Vs Choten Dhendup Lama

Mahavir Chemical Industries (Mci) Vs Bank of Baroda and Ors.

Chandra Kant Khemka Vs Uco Bank

MD Habibullah Khan Vs State of West Bengal and Ors.

Cholamandalam Investment and Finance Company Limited Vs the State of West Bengal and Ors.