JYOTIRMOYEE DAS ADHIKARI v. STATE OF WEST BENGAL AND ORS.
WPA/21574/2025 · 2025-09-22
Kausik Chanda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39949 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39949 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
22.09.2025 Ct. No.15
Sl. No.83 Mujahid
WPA 21574 of 2025
Jyotirmoyee Das Adhikari Vs. State of West Bengal & Ors.
Mr. Salil Kumar Maiti, Ms. Pinki Saha
…for the petitioner
Mr. Amit Bikram Mahata …for the private respondents
Mr. Debanjan Mukherjee …for the WBSEDCL
Let the affidavit of service filed by the petitioner be placed on record. The petitioner seeks an electricity connection for the part of the premises under his occupation at Rajarampur, P.O. Sibramnagar, P.S. Sutahata, District – Purba Medinipur, Pin – 721635.
Learned counsel appearing for the petitioner submits that the property in question is a joint property. A partition suit is pending among the co- sharers; a preliminary decree has been passed, but the property has not yet been specifically demarcated by metes and bounds. It is submitted on behalf of respondent no.7 that she has filed the partition suit against the petitioner and her sister, wherein a preliminary
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decree has been passed declaring the petitioner’s share. Learned advocate appearing for WBSEDCL submits that to effect an electricity connection at the portion occupied by the petitioner, an electricity line is required to be installed through the common passage running through the property in question. Learned advocate appearing for respondent no.7 contends that, since the property has not been specifically demarcated, the petitioner cannot claim a separate electricity connection and, at this juncture, cannot use the common pathway for the purpose of effecting the connection. I find no justification in the submissions of respondent no.7. The petitioner is indisputably in possession, and her share in respect of the property has been declared. There is no reason why the petitioner should be deprived of an electricity connection, particularly when respondent no.7 herself is availing of the same facility. Accordingly, the writ petition is disposed of with a direction to WBSEDCL to effect an electricity connection at the premises occupied by the petitioner within a period of three (3) weeks from the date hereof, subject to compliance with all necessary formalities.
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In the event of any resistance from respondent no.7, officials of WBSEDCL shall be at liberty to seek assistance from the Officer-in-Charge of the local police station, the cost of such assistance being borne by the petitioner. Accordingly, WPA 21574 of 2025 stands
disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Kausik Chanda, J.)