Kamal Kumari Devi Model School Represented By Its Principal Apurba Sundar Das vs Wbsedcl & Ors.

Petitioner filed the present writ petition for direction upon the respondent authority , particularly the distribution company to restore the petitioner's supply.

Mr. Chaturvedi, learned advocate appearing for the private respondent submits that since the distribution company            installed transformer    on the prayer of           the petitioner's school  on        the private respondent's land. Therefore,        immediately     the private respondent made complaint before the distribution company. After receiving such complaint distribution company upon notice to all the parties including the petitioner went to inspect the premises.

Unfortunately, no one turned up on behalf of the petitioner's school. Accordingly, the respondent distribution company disconnected the petitioner's supply upon proper notices. Now the petitioner's school filed the present writ petition for restoration of supply.

Mr. Chaturvedi submits private respondent has no objection if the connection to the petitioner's school is done by the distribution company but that should not be done from the existing disputed transformer.

Mr. Koley, learned advocate appearing for the distribution company submitted a report to that effect.

Considering the report in my considered view the matter should be referred   to the District Magistrate under Rule 3 of the Works of Licensees Rules, 2006. Therefore,         distribution company is directed to approach before the District Magistrate within seven days. The District Magistrate after receiving such application from the distribution company            shall resolve the issue  within one week after giving an opportunity of hearing to the petitioner or his authorised representative and the private respondent nos. 3 to 5 or their authorized representative and the concerned BL & LRO. The concerned BL & LRO is directed to produce all documents including the Mouza map, Parcha pertaining to the said land at the time of hearing before the District Magistrate.

The District Magistrate is further directed to communicate the decision upon all the parties forthwith.

Needless to mention if it is found that the disputed transformer is not installed at the land of the private respondent then the distribution company will take steps to restore the connection to the petitioner's school.

With this direction the writ petition is disposed of.

No order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned advocate for the parties on usual undertakings.