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2003 DIGILAW 146 (CAL)

Ajit Mahajan v. State

2003-03-25

Prabir Kumar Samanta

body2003
JUDGMENT Prabir Kumar Samanta, J. None appears on behalf of the petitioner. The earlier writ petition filed by the petitioner was disposed of under the provisions of the Local Services Authorities Act, 1987. The respondent C.E.S.C. Ltd. agreed to provide service connection to the writ petitioner upon compliance of all necessary formalities by the writ petitioner in this regard. Interestingly the respondent CESC Ltd. found that the premises of the writ petitioner at which such service connection was to be provided fell beyond the licensed area of operation by CESC Ltd. under section 27 of the Indian Electricity Act. Accordingly, the Power Department of the State Government was moved for necessary permission to the CESC Ltd. for providing service connection to the writ petitioner. 2. Mr. Soumitra Pal, learned Advocate appearing on behalf of the respondent CESC Ltd. produces a letter dated 2.1.2002, issued by the Deputy Secretary, Government of West Bengal, Department of Power to the Secretary, West Bengal State Electricity Board. In the said letter West Bengal State Electricity Board was directed to inform the department as to whether there is any objection whatsoever by the said WBSEB against supply of electricity to the writ petitioner by CESC Ltd. It has been submitted on behalf of CESC Ltd. that since WBSEB has not yet given its consent so it has not been possible for the respondent CESC Ltd. to provide service connection to the writ petitioner. Mr. Pal submitted that it has no objection to provide such service connection to the writ petitioner once clearance is given on behalf of W.B.S.E.B. 3. Having regard to the aforesaid facts and circumstances this writ petition is disposed of by directing the respondent No. 1 Secretary, Power Department, Government of West Bengal to decide as to whether necessary permission would be given or not to CESC Ltd. for supplying electricity in the area concerned. The said Secretary for the purpose of deciding as above will be at liberty to obtain the views of W.B.S.E.B. in this regard. Such decision should be taken by the said Secretary expeditiously and preferably within two months from the date of communication of this order. The respondent CESC Ltd. will intimate this order of this court to the Secretary, Power Department, Government of West Bengal. Writ petition disposed of.