C o u r t N . 2 2 S l 1 5 1 / C L 17.09.26 D/L Sl-05 Ct. 07 (Samar) WPA 24297 of 2025 Abdul Rahaman Mallick Vs. The State of West Bengal & Ors. Mr. Maidul Islam Kayal, Mr. Archishman Singh, Mr. Mohinur Mullick, Mr. Noorul Amin Sardar, ….for the petitioner. Mr. Iftekar Munshi, ….for the respondent nos. 10 and 11. Mr. Soumyajit Chakraborty, …..for the WBSEDCL. Mr. Bikash Chandra Das, ….for the State. 1. The petitioner complains of inaction on the part of the respondent WBSEDCL authorities in effecting electricity supply in favour of the petitioner. 2. Learned advocate appearing for the respondent WBSEDCL authorities submits that electricity could not be effected in favour of the petitioner in view of objection raised by the respondent nos. 10 and 11. 3. The learned advocate appearing for the respondent nos. 10 and 11 submits that a partition suit is pending between the parties before the learned Additional Civil Judge (Junior Division), 1st Court at Alipore. 4. Heard learned advocates appearing for the respective parties and considered the material on record. 5. Since the petitioner has requested for supply of 2 electricity for domestic purpose at the petitioner’s residential premises and the petitioner is in settled possession of the subject premises, therefore the petitioner is entitled to electricity supply in terms of Section 43 of the Electricity Act, 2003. The pendency of the Partition Suit between the petitioner and the private respondents cannot be a ground for the private respondents to object to the petitioner’s taking electricity supply at their residential premises, all the more so when the WBSEDCL authorities are ready and willing to effect supply in favour of the petitioner, in accordance with law. 6. In such view of the matter the WBSEDCL authorities are directed to effect supply in favour of the petitioner within a week from the petitioner completing with all necessary formalities and making payment of all necessary charges. 7. The WBSEDCL authorities will be entitled to approach the Officer-in-charge, Nodakhali Police Station (respondent no. 9) for Police Assistance in case any objection or resistance is put by the respondent nos. 10 and 11 or their men and agents. In case the WBSEDCL authorities approach the respondent no. 9, the said respondent shall afford adequate police assistance to the WBSEDCL authorities to enable them to execute the job of 3 effecting electricity supply in favour of the petitioner in terms of this order. Costs for such Police assistance will be borne by the petitioner. 8. It is made clear that grant of electricity supply in favour of the petitioner will not create any special right or equity in favour of the petitioner as regards the suit pending with parties. It is also made clear that all findings in this application including the one regarding possession are only for the purpose of adjudicating as to whether the petitioner is entitled to electricity supply or not. 9. With the above observations, WPA 24297 of 2025 stands disposed of. No Costs. 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.)