Ramgobinda Mukherjee v. West Bengal Stat Eelectricity Distributions Company Limited And ORS.

10.04.2025 Sl. No.33 Ct. No.15 S.A.

WPA 1308 of 2025 Ramgobinda Mukherjee -vsWest Bengal State Electricity Distribution Company Limited & Ors.

Mr. Mihir Kumar Das Mr. Swadhin Pan ...for the petitioner Dr. Madhusudan Saha Roy Mr. Debanjan Chatterjee ...for WBSEDCL Mr. Aritra Shankar Roy ...for respondent no.5 The petitioner seeks a separate electricity connection for a medical shop, namely M/s. Sitaram Medical, located at Bengai, Goghat, Hooghly. The petitioner claims to be the tenant of the said shop room under respondent no. 5.

However, learned counsel for respondent no. 5 disputes the petitioner's tenancy and submits that a suit for eviction of the petitioner is pending before the competent Civil Court.

In light of the fact that the petitioner's settled possession over the relevant premises is not in dispute, I am of the view that the petitioner should be provided with an electricity connection, notwithstanding the dispute concerning his tenancy. Accordingly, I direct the concerned Station Manager of WBSEDCL to provide a separate electricity connection in favour of the petitioner within a period

of one month from the date of this order, subject to the petitioner's compliance with all necessary formalities.

Respondent no. 3 shall not insist on obtaining a wayleave from the petitioner. Respondent no. 3 may seek police assistance, at the petitioner's cost, for effecting the electricity supply at the petitioner's premises.

It is further clarified that the provision of the electricity connection shall not confer any equitable rights upon the petitioner, and this order is passed without prejudice to the rights and contentions of the parties in the pending civil suit.

Accordingly, WPA 1308 of 2025 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)