27.08.2026 Item No.16 (DL) Court No.07 (Susanta) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 4451 of 2026 < Jumman Ali Molla -Vs- Calcutta Electric Supply Corporation Limited & Ors. Mr. Abu Jafar, Mr. Rameswar Sinha, Ms. Shreyeta Mitra, …for the petitioner. Dr. Madhusudan Saha Ray, ….for the CESC Ltd. Mr. Sabyasachi Mondal, Mr. A. S. Fazul Karim, Mr. sarthak Dey, Ms. Payel Khanra, ….for the Respondent No. 4. 1. The petitioner alleges inaction on the part of the respondent CESC authorities not effecting electricity supply in favour of the petitioner. 2. The CESC authorities have filed a report stating that they are ready and willing to provide new service connection in favour of the petitioner. However, they are unable to do it in view of the resistance offered by the private respondent. 3. The petitioner claims to be the owner of the property in question. In support of the ownership, the petitioner has annexed a record of rights which forms part of annexure „P-1‟ to the writ petition. 4. The private respondent no.4 claims to be the co-sharer of the property in question. 2 5. The private respondent no. 4, further asserts that a “Stop Work Notice” had been issued by the Maheshtala Municipality to the petitioner as the petitioner had been carrying out unauthorized construction at the premises in question. 6. It is next submitted that since the petitioner is carrying out unauthorized construction, electricity supply should not be effected in his favour. 7. The learned advocate appearing for the petitioner however refutes the submission on behalf of the private respondent that the private respondent is the co-sharer of the petitioner and submits that the petitioner has purchased the property by way of a registered deed of conveyance. 8. The petitioner next relies on a co-ordinate Bench Decision of this Court in the case of Sanjoy Paul Vs. Calcutta Electric Supply Corporation Ltd. (CESC) & Ors. (WPA 23359 of 2022) delivered on March 28, 2023 to assert that mere issuance of Stop Work Notice would not lead to the conclusion that the construction in question is unauthorized or illegal. 9. Heard learned Advocates appearing for the respective parties and considered the material on record. 10. The inspection report filed by the CESC authorities indicates that CESC has found that 3 the property is occupied by tenants of the petitioner. 11. That being so, apparently, the petitioner is in possession of the property through the petitioner‟s tenants. 12. It is nobody‟s case and certainly not that of the private respondent that any demolition order has been passed. In such view of the matter, the petitioner cannot be deprived of his right to get electricity connection merely by reason of a “Stop Work Notice” being issued by the relevant Municipality. Sanjoy Paul (supra) clearly supports the petitioner‟s cause. 13. Further the record of rights in favour of the petitioner and the Stop Work Notice that has been issued to the petitioner show that the petitioner is in possession of the property in question. 14. This is in addition to the inspection report of the CESC which also indicates that the petitioner is in possession of the property in question through the petitioner‟s tenants. 15. The requirements of supplying electricity to a person in terms of Section 43 of the Electricity Act, 2003 thus stand fulfilled. 16. In such view of the matter, this writ petition is disposed of by directing the CESC Limited to effect electricity supply in favour of the petitioner within four weeks of the petitioner complying with all necessary formalities and 4 paying the requisite charges, if any, in accordance with law. In case any resistance is put up by the private respondent in effecting electricity supply in favour of the petitioner, the CESC authorities would be entitled to approach the Officer-in-Charge Maheshtala Police Station seeking police assistance. 17. If the CESC authorities approach the Officer-in-Charge, Maheshtala Police Station, the said Officer-in-Charge would afford adequate police assistance to the CESC authorities in order to enable them to execute the job of effecting electricity supply in favour of the petitioner at the subject premises in accordance with law. Costs for such police assistance would be borne by the petitioner. 18. With the aforesaid observation WPA 4451 of 2026 stands disposed of. No costs. 19. 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.)