Mathura Sharma v. The State Of West Bengal And ORS.
WPA 1050 of 2025 Mathura Sharma Vs.
The State of West Bengal & Ors.
Mr. Siddhartha Sarkar ...for the Petitioner Mr. Debanjan Mukherjee ...for WBSEDCL Mr. Biman Halder ...for the State 10-04-2025 AKG Ct. 15 The petitioner seeks a commercial electricity connection for his shop located at L.R. Dag No. 1689, corresponding to R.S. Khatian Nos. 78, 101, 474, 140, and 130, under J.L. No. 49, District - Bankura. It is undisputed that two civil suits are currently pending regarding the petitioner's tenancy rights in respect of the aforementioned shop. The report filed by the West Bengal State Electricity Distribution Company Limited (WBSEDCL) indicates the following:
"It is stated that to derive supply from the existing pole the WBSEDCL has to affix a service angle for drawl of service wire and affixing a meter box at the walls of the building/premises of the landlord and until and unless the said „No Objection‟ is given by the landlord it will not possible for WBSEDCL to effect supply to the petitioner."
Learned counsel appearing for WBSEDCL submits that, in the absence of permission from the landlord (respondent
no. 7), the connection cannot be effected.
It is, however, acknowledged that the petitioner has been in a settled possession with respect to the shop room. Therefore, I am of the view that respondent no. 7, as the landlord, likely cannot object to the provision of a separate electricity connection to the petitioner. In light of this, this writ petition is disposed of with a direction to WBSEDCL to effect the connection, subject to the petitioner's compliance with all necessary formalities and technical requirements, within a period of one month from the date of communication of this order, irrespective of the "No Objection" to be given by respondent no. 7. It is further clarified that the electricity connection shall not confer any equitable rights upon the petitioner, and this order is made without prejudice to the rights and contentions of the parties in the pending civil suits.
Accordingly, WPA 1050 of 2025 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Kausik Chanda, J.)