NIRMAL BELEL v. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED AND ORS.
WPA/3246/2025 · 2025-05-15
Kausik Chanda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9744 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9744 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
15.05.2025 Item No.10 Ct. No. 15 WPA 3246 of 2025 suman Sri Nirmal Belel Vs. West Bengal State Electricity Distribution Company Limited and Ors.
Mr. Abhilash Chatterjee Mr. Akash Adak Mr. Saikat Dey ..for the petitioner Mr. Susmita Chatterjee ..for WBSEDCL Mr. Gourav Das Ms. Dipanwita Ganguly ..for the State Mr. Uday Sankar Chattopadhyay Ms. Sumon Sankar Chatterjee Ms. Sadia Parveen ..for private respondents The factual background of the present case has already been recorded in the order dated April 16, 2025. The said order is reproduced below:
“The petitioner seeks a domestic electricity connection at the premises owned by him. This request is opposed by respondent nos. 7 to 13. It is submitted that the petitioner purchased the said property in the year 2022. The private respondents contend that the proposed electricity connection should not be effected in a manner that interferes with their property rights. A sketch map of the area has been produced by the West Bengal State Electricity Distribution Company Limited (WBSEDCL), which indicates the existence of a common passage between the residences of the petitioner and respondent nos. 7 to 13.
It has further been submitted by WBSEDCL that, for the purpose of providing the requested connection, three electricity poles would be required to be installed along the common passage. The learned advocate appearing on behalf of respondent nos. 7 to 13 submits that an alternative pathway exists, through which an electricity connection may be effected to the petitioner’s residence. I am of the opinion that the petitioner should not be denied access to electricity. The concerned Station Manager, Munshirhat Customer Care Centre (respondent no. 5), is
directed to explore the shortest feasible route for effecting the petitioner’s electricity connection, taking into consideration the rights of all parties involved. A report in this regard shall be filed by the said Station Manager within two weeks from the date of this order. Let the matter be listed under the same heading after two weeks.” In compliance with the aforementioned order, the West Bengal State Electricity Distribution Company Limited (WBSEDCL) has submitted its report before this Court today. Let the said report be taken on record. The concerned engineer of WBSEDCL has identified the shortest and most convenient route for providing an electricity connection to the petitioner.
Learned counsel appearing on behalf of respondent nos. 7 to 13, however, opposes the writ petition. It is contended that installation of the proposed connection would require the erection of three electric poles on the common passage, which raises concerns regarding safety and security. It is further submitted that, in light of the 2
dispute involved in this matter, the issue should be referred to the competent District Magistrate for adjudication under Rule 3(b) of the Works of Licensees Rules, 2006. This Court has already observed that the petitioner is a subsequent purchaser of the property from the co- sharers of respondent nos. 7 to 13. It is also an admitted fact that a civil suit concerning the common passage is currently pending. However, the petitioner's co-ownership in the common passage is not disputed. Therefore, respondent nos. 7 to 13 cannot object to the provision of an electricity connection to the petitioner, particularly when the petitioner, as a co-sharer, holds rights over the said passage. Accordingly, WBSEDCL is directed to provide an electricity connection to the petitioner’s premises within a period of three weeks, following the route specified in the report submitted before this Court. The Officer-in-Charge of Jagatballavpur Police Station is directed to provide necessary assistance to the officials of WBSEDCL for implementing this order, with the cost of such assistance to be borne by the petitioner. It is made clear that the electricity connection granted pursuant to this order shall not confer any proprietary or possessory rights upon the petitioner, nor 3
shall it affect the adjudication of the civil suit pending between the parties. Accordingly, WPA 3246 of 2025 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.
(Kausik Chanda, J.) 4