Extracted from the PDF above. The PDF is authoritative.
20.08.2026 Item No.17 (DL) Court No.7 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION
W.P.A. 14690 of 2026
Smt. Mithu Pal
-Vs- The State of West Bengal & Ors. Mr. Amitabha Ghosh, Mr. Sirshendu Bikash Pal. …. for the petitioner. Mr. Monoranjan Jana. Mr. Mainak Chandra. ……for the State. Mr. Aayush Sharma. …..for the CESC Ltd.
Mr. Anirban Saha Ray. …..for the respondent no.8. 1. Affidavit of service filed in Court today is taken on record. 2. This writ petition has been filed alleging inaction on the part of the respondent CESC Authorities in effecting electricity supply in favour of the petitioner. 3. The petitioner claims to be a tenant in respect of the premises whereat the petitioner seeks electricity supply. It is submitted that despite application for electricity having been made as far back as on April 07, 2025 supply of electricity has not been effected in favour of the petitioner. 4. Mr. Sharma, learned Advocate appearing for the respondent CESC Authorities submits that the petitioner’s application for
2 supply of electricity could not be processed further since the CESC Authorities could not conduct inspection in view of the objection raised by the private respondents. 5. The private respondents are represented. 6. Learned Advocate appearing for the private respondent no.8 submits that the petitioner had been enjoying electricity supply through the meter which stood in the name of the petitioner’s husband who was a tenant in respect of the premises and the petitioner has no right to occupy the said premises upon the original tenant having met his demise. It is submitted that since the petitioner has no right to occupy the premises, no direction for supplying electricity in favour of the petitioner should be passed. 7. Heard learned Advocates appearing for the respective parties and considered the material-on-record. 8. The petitioner prima facie appears to be in possession of the premises in question. However, the ultimate decision will have to be taken by the electricity licensee upon conducing inspection. 9. The CESC Authorities shall conduct inspection at the petitioner’s premises within two weeks from date.
Upon inspection, if it is
3 found that the petitioner is in possession of the relevant premises and the petitioner is otherwise entitled to electricity supply, then subject to the petitioner complying with all formalities and making payment of all necessary charges, the CESC Authorities would effect electricity supply in favour of the petitioner within two weeks from the date of the petitioner complying with the formalities and paying the requisite charges. 10. In case the CESC Authorities face any resistance at the instance of the private respondents either at the time of inspection or at the time of effecting electricity supply in favour of the petitioner (if the petitioner is found entitled thereto) then the CESC Authorities would be free to approach the Inspector-in- Charge, Girish Park Police Station for police assistance. If the said Inspector-in-Charge is approached by the CESC Authorities, the said Inspector-in-Charge would afford adequate police assistance to the CESC Authorities in
order to enable them to execute their work. Costs for such police assistance will be borne by the petitioner.
11. It is made clear that grant of electricity supply in favour of the petitioner shall not create any equity or special right in favour of the petitioner in respect of the relevant premises and the petitioner shall not claim any benefit on the
4 basis of electricity supply (if the same is effected) in the suit that is pending between the petitioner and the private respondents.
12. WPA 14690 of 2026 stands disposed of. No costs.
13. Urgent photostat certified copy of this
order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Om Narayan Rai, J.)