27.07.2026 Sl. No.: 16 Court No.7 BM WPA 17799 of 2026 ANAMIKA KUNDU VS STATE OF WEST BENGAL AND ORS. Mr. Bikram Banerjee Mr. Sandipan Das Mr. Ataur Rahaman Mr. Sagar Dey Ms. Sagarika Goswami ... for the petitioner Mr. Sourav Sengupta Mr. Bikash Kumar Sriwastav ... for the State Mr. Kanak Kiran Bandyopadhyay ... for WBSEDCL Mr. Sumanta Das Mr. Manas Kumar Das ... for the respondent no.19 1. Affidavit of service and supplementary affidavit filed today are taken on record. 2. The petitioner complains of inaction on the part of the respondent WBSEDCL authorities in effecting electricity supply in favour of the petitioner at the place whereat the petitioner is residing. 3. The petitioner also complains that the electricity meter standing in the name of the private respondent has not been removed from the said place despite request therefor. 4. It is further submitted by the learned advocate appearing for the petitioner that the meter installed in the name of the private respondent at such place should be removed, inasmuch as on an earlier occasion the private respondent was found to have 2 been involved in pilferage of electricity and the private respondent’s electricity supply was disconnected on such ground. 5. It is submitted that the petitioner had to make payment for the purpose of getting such electricity supply restored. 6. Mr. Bandyopadhyay Learned Advocate appearing for the WBSEDCL submits that the electricity Company is ready and willing to effect supply in favour of the petitioner but they could not do so in view of resistance having been put up by the private respondent. 7. Learned Advocate appearing for the private respondent submits that a partition suit is pending between the parties whereat preliminary decree has been passed. It is submitted that the petitioner is presently in occupation of the portion which falls within the property share of the private respondent and as such the petitioner should not be granted electricity supply in such portion. 8. Heard Learned Advocate appearing for the respective parties and considered the materials on record. 9. Since, it is not in dispute that the petitioner is in possession of the subject property whereat she seeks to have electricity supply in terms of provision of Section 43 of 2003 Act, the petitioner can not be denied 3 electricity supply at such place. Accordingly the WBSEDCL is directed to effect supply in favour of the petitioner at the place whereat the petitioner is residing by installing a meter at the appropriate place, as per the decision of the WBSEDCL authorities. 10. However, in so far as the petitioner’s request for removal of the meter standing in the name of the private respondent is concerned, such prayer is not allowed, inasmuch as while the petitioner has right to take electricity supply in terms of Section 43 of the 2003 Act she has none to get someone else’s meter removed unless she can show that the person whose meter she wants to be removed is not in occupation of the relevant premises. 11. Furthermore, at the present moment it is not clear as to whether portion which is under occupation of the petitioner is owned by the petitioner or the private respondent. 12. It is also clarified that grant of electricity in favour of the petitioner would not create any equity or special right in favour of the petitioner. 13. If the WBSEDCL authorities face any objection at the instance of the private respondent in effecting the supply in term of this order, the WBSEDCL authorities would be entitled to approach the Officer-in-Charge, Bhimpur Police Station for police assistance. If the said Officer-in-Charge is requested by the WBSEDCL 4 authorities to grant police assistance for the purpose of effecting supply in favour of the petitioner, the Officer- in-Charge would provide adequate Police assistance to WBSEDCL for the purpose of execution of the said job. Cost for such Police assistance would be borne by the petitioner. 14. The WBSEDCL authority will endeavour to effect electricity supply in favour of the petitioner within a period of ten days from date. 15. With the aforesaid observations WPA 17799 of 2026 stands disposed of. There shall be no order as to costs. ( Om Narayan Rai, J. )