Mohan Mondal And ANR v. West Bengal State Electricity Distribution Company Limited And ORS

3rd April, (AK) W.P.A 1669 of 2023 Sri Mohan Mondal and another Vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Satyajit Mandal Mr. Malay Dhar Mr. Shouvik Naskar ...for the petitioners.

Mr. Shouveek Ray ...for the WBSEDCL.

Mr. Radhasyam ...for the added respondent no.6.

Learned counsel for the petitioners submits that due to resistance by the private respondent, the WBSEDCL could not give electricity connection to the petitioners. Learned counsel appearing for the added private respondent submits that the private respondent is also a co-owner of the property and it is a joint property. Moreover, it is submitted that in view of the space being small and the private respondent intending to construct a house on the said 'bastu' land, supply of a new electricity connection may constrain the space on the plot.

However, as a co-owner, the petitioners are also entitled to have independent electricity connection at the property.

Moreover, the objection taken by the private respondent as regards the constraint of space can very well be mitigated in the event the connection to the petitioners is given from the existing meter board position at the premises.

Accordingly, WPA 1669 of 2023 is disposed of by directing the WBSEDCL to give new electricity connection to the petitioners as per their applications from the existing meter board position at the premises-in-question within a fortnight from date and/or from compliance of formalities, whichever is later.

In the event any obstruction is caused by the private respondent and/or his men and agents in the WBSEDCL doing so, it will be open to the WBSEDCL personnel to approach the nearest police station for adequate police assistance, which will be given by the Officer-inCharge/Inspector-in-Charge, as applicable, of the said police station by acting on a server copy of this order, at the cost of the petitioners.

In the event any padlock or other obstruction is put up, it will be open to the police to remove such hindrance/padlock at the time of giving access to the WBSEDCL personnel for the limited purpose indicated above.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)