Sukumar Patra v. The West Bengal State Electricity Distribution Company Limited And ORS

June 27, 2024 Sl. No.18 Court No.9 s.biswas WPA 6744 of 2024 Sukumar Patra vs.

The West Bengal State Electricity Distribution Company Limited and others Mr. Anil Kumar Chattopadhyay Mr. Dinesh Pani ... for the petitioners Ms. Rituparna Maitra ... for the WBSEDCL Ms. Aiswarjya Gupta Mr. Goutam Acharya Ms. Priyanka Saha Ms. Maitrayee Chatterjee ... for the respondent nos.5 to 7 1.

The petitioner claims to be in possession of an undivided property. The petitioner applied for new connection. The respondent nos.5 to 7 resisted the authority from granting the connection on the ground that respondent no.6 had exclusive ownership of the building. It is contended that there are other co-sharers in respect of the land in question. An amicable arrangement had been made by the parties with regard to the grant of connection, but the petitioner did not comply with his part of the arrangement.

2.

Be that as it may, as the petitioner is in occupation of the premises in question, the electricity authorities are bound by law to grant connection, upon compliance of necessary formalities. The connection to be granted will abide by any steps that may be taken by

respondent nos.5 to 7 with regard to the right of the petitioner to remain in possession. The connection will abide by the ultimate decision in any civil litigation that parties may initiate with regard to their respective right, title and interest in the property in question. The connection shall be given within a period of two months from the date of communication of the order. In case of any resistance, the authorities shall be entitled to take police help. The petitioners will not claim any equity in case connection is granted.

3. The writ petition stands disposed of.

4.

All the parties are directed to act on the basis of the server copy of the order.

(Shampa Sarkar, J.)