N.22Sl 151/CL 18.08.26 DL-24 Ct-07 (S.R.) WPA 3043 of 2026 Mst. Jamila Bibi & Anr. v. The State of West Bengal & Ors. Mr. Tapas Kumar Dey Mr. Rakesh Ray … for the Petitioners. Mr. Amitabha Shukla … for the WBSDCL. Mr. A.M. Islam Mr. P. Sinha … for the respondent no.8. 1. The petitioner complains of inaction on the part of the respondent WBSEDCL authorities in effecting electricity supply at the petitioner’s residential premises. 2. Mr. Dey, learned advocate appearing for the petitioners submits that the petitioners have purchased a plot of land and have constructed a residential house thereat. It is submitted that although, the plot of land has been recorded as Sali, the petitioners have constructed a residential building upon applying for conversion of the nature of the land from Sali to Bastu and such application for conversion is receiving consideration by the appropriate authority. 3. Mr. Islam, learned advocate appearing for the private respondent submits that the petitioners have purchased 9 decimal out of total 18 decimals of land and a civil suit is pending between the petitioners and the private respondent for partition of the property. It is further submitted that an order directing the parties to maintain status quo with regard to nature and character of the suit property is in force. 4. Learned advocate appearing for the respondent WBSEDCL authorities submits that the WBSEDCL authorities are ready and willing to effect supply in favour of the petitioners and that, the petitioners have been found in possession of the relevant premises whereat the petitioners have sought for electricity supply. 5. Heard learned advocates appearing for the respective parties and considered the material on record. 6. Since it is not in dispute that the petitioners have purchased a plot of land and are in possession thereof, electricity supply should be effected in favour of the petitioners in terms of Section 43 of the Electricity Act, 2003. As regards the order of status quo, it is well-settled that an order of injunction operating between the parties (where the electricity licensee is not a party) would not stand in the way of effecting electricity supply. Therefore there is no legal hindrance in the respondent WBSEDCL authorities’ effecting supply in favour of the petitioners. 7. In such view of the matter, the WBSEDCL authorities are directed to effect supply in favour 2 of the petitioners within a period of two weeks from the date of compliance of all formalities, if any, by the petitioners. In case, any obstruction is caused by the private respondent, the respondent WBSEDCL authorities shall be entitled to approach the Officer-in-Charge of Jangipara Police Station for police assistance. If the Officer-in-Charge, Jangipara Police Station is approached by the respondent WBSEDCL authorities the said Officer-in-Charge will afford adequate police assistance to the WBSEDCL authorities in order to enable them to effect supply in favour of the petitioners. Costs for such police assistance would be borne by the petitioners. 8. It is made clear that the grant of electricity supply in favour of the petitioners would not create any equity or special right in favour of the petitioners as regards the partition suit which is pending between the parties. 9. With the above observations WPA 3043 of 2026 is disposed of. There shall be no order as to costs. 10. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.) 3