West Bengal

Birbhum

MA/44/2024

Sri Shyamal Kumar Das - Complainant(s)

Versus

Station Manager, WBSEDCL, Rampurhat - Opp.Party(s)

Muddit Surana and Sujit Das

28 Mar 2024

ORDER

Shri Sudip Majumder- President-in-charge.

            Today is fixed for passing of order in respect of the petition u/s 38(8) of the C.P. Act, 2019 filed by the petitioner dated 01/09/2023. Both the parties files hazira through their respective Ld. Advocates. Ld. Advocate for Complainant files W/O against the petition u/s 11 of the C.P.C. filed by the OP/WBSEDCL dated 02/02/2024. Copy also served.

 Already heard Ld. Advocates for the both sides.

            One petition has been filed by the complainant dated 01/09/2023 and the same has been registered as M.A. Case being No. 44/2024. Record is now taken up for passing of order.

           

 

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            Perused the petition. Considered. From the content of the petition it appears that the complainant prays for passing an interim order to restrain the OP/WBSEDCL i.e. OP Nos 1 to 5 from releasing/ charging electricity on those new wires connected with the and attached on the new pole in question lying on a distance of 20-21 inches on the north-eastern corner from the house of the complainant as long until the OP Company don’t remove the pole in question.

              Ld. Advocate for the Ops submitted that no interim order would be allowed by this Commission and the same is liable to be rejected.

            In the instant case, this Commission is of view that the prayer as made by the complainant would be allowed by this Commission for the sake of justice.  

            Hence, it is,

                             ORDERED,

                                                the petition being M.A. Case being No. 44/2024 is considered and allowed on contest without any cost.

            The OP/WBSEDCL i.e. OP Nos 1 to 5  is directed not to releasing/ charging electricity on those new wires connected with the and attached on the new pole in question lying on a distance of 20-21 inches on the north-eastern corner from the house of the complainant as long until the OP Company don’t remove the pole in question.

            The OP/WBSEDCL is at liberty to remove the disputed pole in question from the site.     

            Fix. 05/04/2024 for hearing on the petition filed by the OP/WBSEDCL dated 02/02/2024.