MOLAY KUMAR ACHARYA Vs. CHAIRMAN CUM MANAGING DIRECTOR WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LTD

JUDGEMENT

(1.) IN this Writ Petition, the Petitioner has prayed for an Order commanding upon the Respondent Nos. 1, 2 and 3 to give a new Electricity connection in his name in the premises situated in the first Floor of FC-110; Sector-3, Salt lake City, Kolkata.

(2.) IT appears that this case was initially placed before another Hon'ble single Judge of this Court on 4. 6. 2007 when, after considering the submissions, it was observed that the Petitioner cannot be allowed to continue to live in darkness and the Respondent Authorities were therefore directed to accept the Application of the Petitioner without insisting on the No Objection Certificate to be issued by the Landlord or the owner of the House. The said Hon'ble single Judge did take into consideration that there was a strained relationship between the parties but nevertheless, after making the aforementioned observations, directed that the Authorities would accept the Application of the petitioner in the manner referred to above.

(3.) IT appears that thereafter on 10. 8. 2007 an Interlocutory Application being CAN 5017 of 2007 was filed by Smt. Sampa Acharya, daughter of Kiran chandra Acharya (being the sister of the Petitioner) praying for being added as a Respondent in this Writ Petition. Consequently, by Order dated 10. 8. 2007, the said Interlocutory Application for addition of party was disposed of and she was added as a party Respondent in this case. Thereafter on 21. 9. 2007 the matter was however released by the said hon'ble Single Judge due to paucity of time whereafter this case was mentioned. Learned Counsel for the Petitioner has stated that prior to mentioning the matter before this Court, the same was moved before Hon'ble the Chief Justice but no Order was passed. However, the Office of the Hon'ble chief Justice made an endorsement on the mentioning slip observing that the matter may be mentioned before the Bench taking 'hearing Matters'. In view of the determination of this Court to take up matters which are ready for hearing irrespective of classification of the cases and irrespective of the year of the case, the matter was thereafter moved before this Court and on 5. 10. 2007, mr. Bidyut Banerjee appeared on behalf of the newly added Respondents and requested that the matter be listed on Monday i. e. on 8. 10. 2007. Consequently on 8. 10. 2007 the matter was heard and hearing was concluded and made c. A. V. However the matter was again listed under the heading "to be mentioned" on 9. 10. 2007 when the following Order was passed whereafter it was again made C. A. V. <FRM>JUDGEMENT_197_WBLR1_2008Html1.htm</FRM>