Shaikh Anisur Rahaman v. Cesc Limited And ORS

WPA 1252 of 2025 Shaikh Anisur Rahaman Vs.

CESC Limited & Ors.

Mr. Bidyut Kr. Halder, Mr. Indranil Halder ...for the Petitioner Mr. Joyak Kumar Gupta ...for CESC Mr. Shahan Shah, Mr. Sk. Abumusa, ...for Respondent No. 4 28-04-2025 AKG Ct. 15 The petitioner The petitioner seeks a domestic electricity connection for his residential building located at Y-2/148/B/1, Satghara Road, Kolkata - 700044. The Calcutta Electric Supply Corporation Limited (CESC), in principle, has agreed to provide the electricity connection. CESC acknowledges that the petitioner has already deposited a sum of Rs. 76,500/-, as quoted by the Corporation, and that the installation of a meter is pending consideration. It is, however, submitted that although the petitioner has constructed a meter room, due to objections raised by respondent no. 4, the electricity connection could not be effected.

Respondent no. 4 is represented.

Respondent no. 4 submits that the petitioner's building

is unauthorised and contends that no electricity connection should be provided to a structure that lacks a sanctioned plan.

I am not inclined to accept the stand taken by respondent no. 4. It is undisputed that the petitioner and respondent no. 4 are co-sharers. It is further noted that respondent no. 4 has already filed a writ petition before this Court seeking demolition of alleged unauthorised construction undertaken by the petitioner. However, no order of demolition has yet been passed. The settled possession of the petitioner over the premises in question is not in dispute. Whether the building is unauthorised or liable to demolition is an issue to be determined in the said writ petition.

The grant of an electricity connection in favour of the petitioner does not confer any proprietary right. In light of the undisputed settled possession of the petitioner, this writ petition is disposed of with liberty to the petitioner to construct a meter room within his occupied portion of the premises within two weeks from the date of this order.

Upon such construction and communication of the same to the Calcutta Electric Supply Corporation Limited, the authority shall effect the electricity connection within a

period of fifteen days thereafter, subject to compliance with any additional formalities, if required.

The Officer-in-Charge, Nadial Police Station (respondent no. 3), shall render necessary assistance to the officials of Calcutta Electric Supply Corporation Limited, at the cost of the petitioner. domestic connection for his residential building at Y-2/148/B/1, Satghara Road, Kolkata - 700 044.

Calcutta Electric Supply Corporation Limited (CESC) in principle has agreed to effect the electricity connection. It also acknowledges that petitioner has already deposited the amount of Rs. 76,500/-, as quoted by CESC and the meter requires to be considered. It has, however, submitted that the petitioner constructed a meter room and due to the objection raised by respondent no. 4, they could not affect the electricity connection.

Respondent no. 4 is represented.

It is submitted by respondent no. 4 that building of the petitioner is unauthorised and no connection should be effected for a building, which has no sanctioned plan. In view of the above, I am not inclined to accept the stand of respondent no. 4. The petitioner and respondent no. 4 are co-sharers. Respondent no. 4 has already filed a petition for demolition of the alleged unauthorised

construction raised by the petitioner. No order of demolition has been passed.

The settled possession of the petitioner over the premises in question is not in dispute whether the building is unauthorised or liable to be demolished is to be decided by the learned single Judge.

The electricity connection in favour of the petitioner neither produce any right or extinguishes any right since respondent no. 4 does not dispute settled possession of the petitioner.

Accordingly, I dispose of this writ petition granting liberty upon the petitioner to construct a meter room under his occupation within two weeks from date. If the petitioner upon such construction makes a communication to Calcutta Electric Supply Corporation Limited, the authority shall effect the electricity connection within a period of fifteen days thereafter, subject to compliance with additional formalities, if any.

The officer-in-charge, Nadial Police Station, respondent no. 3 shall render assistance to the officials of Calcutta Electric Supply Corporation Limited at the cost of the petitioner.

Accordingly, WPA 1252 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.)