18.08.2026 Item No.12 (DL) Court No.7 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 20925 of 2026 Anil Barman & Ors. -Vs- The West Bengal State Electricity Distribution Company Limited & Ors. Mr. Sanatan Manna. …for the petitioners. Mr. Srijan Nayak, Mrs. Rituparna Maitra. ……for the WBSEDCL. 1. Affidavit of service filed in Court today is taken on record. 2. This writ petition alleges arbitrary action on the part of the respondent WBSEDCL Authorities in disconnecting electricity supplies in favour of 15 out of the 21 petitioners who have joined together in the present writ petition. 3. Learned Advocate appearing for the petitioners submits that the respondent WBSEDCL Authorities have disconnected the petitioners’ supply at the instruction of the Sub- Divisional Officer, Egra Sub-Division. He hands up to Court a copy of an order dated July 22, 2026 passed by the Sub-Divisional Magistrate, Egra in Misc. Case No. 383 of 2026 that has been initiated under Section 3 of the West Bengal Public Land (Eviction of unauthorized 2 Occupants) Act, 1962 and submits that the respondent WBSEDCL Authorities have misinterpreted the instruction given by the Sub- Divisional Officer and proceeded to disconnect the electricity supply of the petitioners. 4. He submits that the question as to whether the structures constructed by the petitioners are unauthorized or not is yet to be finally decided by the Sub-Divisional Officer. He demonstrates from the order dated July 22, 2026 that the matter has been made returnable before the Sub-divisional Officer on August 19, 2026 i.e. tomorrow. 5. Mr. Nayak, learned Advocate appearing for the respondent WBSEDCL Authorities submits that electricity supplies in favour of the aforesaid persons have been disconnected for two reasons. One is that the said persons had furnished false information as regards the Mouza under which their respective accommodations fell. 6. He invites the attention of this Court to the letter dated July 28, 2026 issued by the Assistant Engineer and Station Manager in such regard. 7. As regards the second reason, it is submitted that the Sub-Divisional Officer had directed the WBSEDCL Authorities to disconnect 3 electricity supply in favour of the aforesaid persons. 8. Heard learned Advocates appearing for the respective parties and considered the material-on-record. 9. Insofar as the allegation of the electricity licensee that the petitioners had made false declaration before them is concerned, it will be open for the petitioners to satisfy the WBSEDCL Authorities that no such false declaration had been made. Upon the petitioners’ explaining the situation to WBSEDCL Authorities that there was no falsification done by them, if the WBSEDCL Authorities are satisfied, they would obviously restore supply in favour of the petitioners, only if that is the sole ground of disconnection and the second ground as alleged does not apply. 10. Insofar as the second contention of the petitioners is concerned, the same, prima facie, appears to have substance. Since the proceedings relating to unauthorized occupation of Government land and unauthorized constructions are yet to be completed, the WBSEDCL Authorities may not have been justified in disconnecting electricity supply on the ground that the petitioners’ occupation and the structures constructed by them are illegal. 4 11. Since the proceedings are returnable before the Sub-Divisional Magistrate, Egra tomorrow itself, the petitioners will be at liberty to make appropriate representation or submission before the said authority in order to get it clarified that till such time, the proceedings are underway and the ultimate conclusion as regards unauthorized occupation of and construction over Government land is reached by the said Sub-Divisional Officer, the petitioners may be allowed to enjoy the electricity supply that they have. In any case it would be for the Sub-Divisional Officer to reach appropriate conclusion in such regard, in accordance with law, based on the material before such Officer. 12. It is clarified that this Court has not expressed any opinion on any of the aforesaid issues and it will be open to the relevant authorities to reach appropriate decision in the matter. 13. With the aforesaid observations, WPA 20925 of 2026 stands disposed of. No costs. 14. 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.)