PURNIMA CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) At the very outset, it is submitted by the parties that consequent upon the Electricity Act, 2003 being notified, by a notification published in the Kolkata Gazette on 25/1/2007, the Governor, in exercise of powers under Sub-Sec. (4) of Sec. 131 of the Electricity Act, 2003, had been pleased to notify a Scheme for providing and giving effect to the transfer and vesting of all properties and all interests, rights and liabilities of the Board in the State Government and re-vesting thereof by the State Government in the West Bengal State Electricity Transmission Company (WBSETC) and West Bengal State Electricity Distribution Company (WBSEDC) along with other properties, interests, rights and liabilities of the State Government and for determining the terms and conditions on which such transfers or vesting or revesting shall be made.

(2.) By referring to the aforesaid notification it is submitted that consequent upon operation of the aforesaid scheme, the interest of the respondent no. 2 has been transferred to and is finally vested in the West Bengal State Electricity Distribution Company Limited (WBSEDCL). By relying on the aforesaid notification, Mr. Nandi, learned advocate appearing for the petitioner seeks leave to amend the cause title of the writ application by incorporating the name of West Bengal State Electricity Distribution Company Limited (WBSEDCL) in place and stead of West Bengal State Electricity Board (WBSEB).

(3.) Considering the submission made by the advocates for the parties, leave is granted to the petitioner's advocate-on-record to correct the cause title of the writ application, by substituting the name of the respondent no. 2/ West Bengal State Electricity Board (WBSEB), with West Bengal State Electricity Distribution Company Limited (WBSEDCL).