C o u r t N . 2 2 S l 1 5 1 / C L 31.08.26 D/L Sl-03 Ct. 07 (Samar) WPA 21466 of 2026 Rabi Saha & Anr. Vs. The State of West Bengal & Ors. Mr. Omar Faruk Gazi, Mr. Md. Muslehuddin, Mr. Pratikur Rahaman, ….for the petitioners. Mr. Debanjan Mukherjee, ….for the WBSEDCL. Mr. Falguni Bandhopadhya, Ld. Sr. Govt. pleader, Mrs. Sarda Sha, ….for the respondent no. 7. 1. The writ petitioners are aggrieved by a notice of disconnection of electricity supply at the subject premises whereof, the writ petitioner no. 1 claims to be a co-owner and the writ petitioner no. 2 claims to be a tenant. 2. In a partition suit between the petitioner no. 1 and the respondent nos. 8 and 9 a decree for partition has been passed which has been put in execution by filing P.S Executing Case No. 04 of 2019, before the learned Civil Judge (Senior Division), Chanchal, Malda. 3. In the said execution case upon resistance being offered by the petitioner along with others an order has been passed by the learned Executing Court on May 07, 2026 directing the “CCC Manager, WBSEDCL, Chanchal” to disconnect electricity supply at the said premises, since electricity was 2 also being used to wield “lathe along with electric connection”. 4. The learned Court directed the Station Manager to take “appropriate steps towards disconnection of the aforesaid electric line at the decreetal property at the time of execution of the decree and, the date and time of which will be intimated by the Nazir”. 5. The respondent WBSEDCL authorities have issued the notice impugned on the strength of such order. The petitioners complain of arbitrariness on the part of the WBSEDCL authorities in issuing such notice. 6. Since the WBSEDCL authorities have acted in terms of the order dated May 07, 2026 passed by the learned Civil Court, the action of the WBSEDCL authorities cannot be said to be arbitrary. 7. The argument of the learned advocate appearing for the petitioners that the Civil Court does not have jurisdiction to pass such an order in view of the provisions of Section 145 of the Electricity Act, 2003 would also not help the petitioners before this Court exercising writ jurisdiction under Article 226 of the Constitution of India. Even if the petitioner’s argument is assumed to be correct (without holding so) the order being that of a Civil Court, cannot be challenged under Article 226 of the Constitution of India. 3 8. In such view of the matter, WPA 21466 of 2026 is not entertained and the same stands dismissed. No Costs. 9. The petitioner shall, however, be free to take appropriate steps against the order dated May 07, 2026 passed by the learned Civil Court before the appropriate forum in accordance with law. 10. 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.)