10.09.2026 Item No.27 (DL) Court No.7 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 21294 of 2026 Smt. Suchitra Adigiri -Vs- West Bengal State Electricity Distribution Company Limited & Ors. Mr. Abhilash Chatterjee, Mr. Saikat Dey. …. for the petitioner. Mr. Sujit Sankar Koley. ….for the WBSEDCL. Mr. Sourav Ghchhait. …for the respondent no.9. Mr. Satya Prakash Shaw, Mr. Dev Kumar Sharma. …for the respondent nos. 10, 11, 12, 14, & 15. 1. The petitioner alleges inaction on the part of the respondent WBSEDCL Authorities in effecting electricity supply at the petitioner’s residential premises. 2. Learned Advocate appearing for the respondent WBSEDCL Authorities submits that the WBSEDCL Authorities are ready and willing to effect electricity supply in favour of the petitioner. However, they are not being able to do so due to the objection raised by the private respondents. 3. The affidavit of service filed in Court today states in paragraph 2 thereof that the postal articles sent to the private respondent no.13 has been returned with the postal 2 endorsement “addressee left without instruction”. 4. It is submitted that the postal address of the respondent no.13 has been correctly mentioned. 5. In such view of the matter, service on the private respondent no.13 will be deemed to have been effected. The other private respondents are represented. 6. The objection of the private respondents is on the basis that the petitioners and the private respondents are co-sharers in respect of the relevant property whereat, a pole is to be erected. It is submitted that a suit for partition being Title Suit No. 74 of 2013 between the parties is pending before the learned Civil Judge (Senior Division), 3rd Court at Howrah. 7. Heard learned Advocate appearing for the respective parties and considered the material-on-record. 8. Since the petitioner is the occupier of the relevant premises whereat the petitioner seeks electricity supply, the petitioner would be entitled to electricity supply in terms of Section 43 of the Electricity Act, 2003. 9. The objection of the private respondent on the ground that the pole cannot be installed on the property co-owned by them with the petitioner, can be easily resolved by providing 3 that if in the partition suit the ultimate decree holds that the portion of the property where the pole has been installed would fall within the share of any of the private respondents then the petitioner would remain liable to shift the suit property to a technically feasible and suitable alternative location and bear the charge of shifting of such pole. The petitioner would have to therefore make provision for a suitable alternative location beforehand for the pole to be shifted, if such shifting is required in future. 10. On such understanding, this Court directs the WBSEDCL Authorities to effect electricity supply in favour of the petitioner by erecting the pole at the physical location subject to the petitioner complying with all formalities and paying all requisite charges. 11. The WBSEDCL Authorities shall effect electricity supply in favour of the petitioner within a period of five weeks from the date of the petitioner complying with all necessary formalities and paying necessary charges. 12. The WBSEDCL Authorities shall be entitled to take police assistance from the jurisdictional Police Officer who, in turn shall be obliged to render police assistance to the WBSEDCL Authorities upon being so approached for the purpose effecting supply in 4 terms of this order. Costs for such police assistance would be borne by the petitioner. 13. It is clarified that erection of pole on the property alleged to be co-shared by the parties and effecting electricity supply through them shall not create any special equity or right in favour of the petitioner and the same shall not be used against the private respondents in the partition suit. 14. With the aforesaid observations, WPA 21294 of 2026 stands disposed of. No costs. 15. 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.)