- (1.) This appeal is preferred by the original respondents against the judgment and order dated July 30, 2003 passed by the Learned Single Judge in WP No. 11464(w) of 2003. The writ petitioner moved this court seeking directions against the appellant/respondents to give electricity connection from the existing 10 KVA Transformer which may be required for such irrigation purpose primarily on the ground that the writ petitioner having installed a submersible pump in his agricultural land in block No. 1041, J.L. 115 Mouza Shitalgram, Block Mongalkot Dist. Burdwan. It was the case of the writ petitioner that having complied with all the necessary formalities like an application for getting water available certificate in his favour in order to install submersible pump for irrigation and upon maintaining the norms of 200 meters from the nearest irrigation tubewell/drinking tubewell and submersible pump in his block, the writ petitioner on 26.6.2002, applied for electric connection but as the appellant/respondent failed to provide electricity connection he was required to file an application under Article 226 of the Constitution of India.
(2.) According to the writ petitioner, the original respondent is bound to give electricity connection upon receiving the application alongwith necessary certificate from the writ petitioner. It was stated that prior to the installation of tubewell for agricultural land there was no other mode of irrigation and the writ petitioner had to solely depend upon rain water for irrigation as he being the resident of a remote village in Burdwan. Farmers in the region have been using the tubewell for the purpose of irrigation and, therefore, the writ petitioner decided to incur expenditure approximately Rs. 40,000/- and a 40 feet deep pipe was placed beneath for installing the submersible pump for irrigation from the tubewell and as there existed a 10 KVA Transformer, at a short distance, respondents ought to have supplied electric connection to his submersible pump from the said Transformer. The Learned Single Judge found that the petitioner is entitled to take electricity connection from the 10 KVA Transformer for operating his submersible pump, and the learned Judge directed the authorities of the West Bengal State Electricity Board to effect electricity connection to the submersible pump of the petitioner without any further delay and positively within a period of 4 weeks from the date of the completion of the formalities as SWID Certificate is issued by the Authority in favour of the writ petitioner.
(3.) It further directed to provide electric service connection from the existing Transformer if the said Transformer can bear the requisite load and if it does not, appropriate steps should be taken by the authorities for installation of the new Transformer for the petitioners as well. The learned Judge also observed that the expenses for the installation of such Transformer will be borne by the West Bengal State Electricity Board by placing reliance on the two decisions of this court Kartick Ch. Bose vs. West Bengal State Electricity Board, 2000 AIR(Cal) 218 and B. Chowdhury vs. West Bengal State Electricity Board,2001 1 CalHN 262. The court having disposed of the writ petition, an application was moved by the appellant/respondent for recalling the earlier order dated July 30, 2003 and the same also came to be rejected by the order dated November 25, 2000. At the time when the appeal was listed for hearing none appeared for the respondent. Therefore, this court proceeded to hear the learned counsel for the appellant. It is contended by the learned counsel for the appellant that the Learned Single Judge was pleased to pass the impugned order without verifying as to whether the writ petitioner has made a proper application and complied with the necessary formalities for getting electric connection and without giving opportunity to the appellant board to examine the feasibility of providing new submersible pumps. It is further contended that in the event of compliance of formalities by the respondent, the charges for installation of Transformer will have to be borne by the writ petitioner. It is submitted that as a matter of policy in case permanent electric connection is to be provided to the agricultural land, in view of Policy of 2002 issued by the West Bengal State Electricity Board, electric connection cannot be provided from the main or transmission network for various reasons and that the Board cannot be called upon to install 10 KVA Transformer to provide electricity to the petitioner at their cost as the 10 KVA Transformer has to be installed at the cost of the consumer for providing such electric connection.;