- (1.) The Petitioner in this Article 226 petition dated August 9, 2010 is seeking the following principal relief: (a) To pass an Order, direction and/or writ in the nature of mandamus, commanding the Respondent authorities concerned to stop henceforth any further construction work of installation of High Tension Electric Tower or likewise to be used by the West Bengal State Electricity Distribution Company Limited (WBSEDCL) over and/or encroaching, using, utilising possessing the Schedule 32 decimals of valuable land of the Petitioner and/or any part thereof, without Order of this Hon'ble Court.
(2.) His case stated in the petition is this. He is the owner of the property (para. 2) using a part of which "all on a sudden, without any notice, consent and/or prior permission" (para. 6) the second Respondent started activities for erecting constructions for placing of high tension electric lines for transmission of electricity. Since his legal notice dated July 17, 2010 (para. 8) has been totally ignored by the Respondents, he has brought this petition.
(3.) Mr. Jana, Counsel for the Petitioner, submits that since the Petitioner's constitutional right to property has been infringed without any authority of law, the Petitioner is entitled to remedy under Article 226 of the Constitution. According to him, before taking steps to use any part of the Petitioner's property for erecting any construction for any purpose the Respondents were required to obtain the Petitioner's consent in writing.;