Subhadip Chowdhury v. Wbsedcl And ORS.

06.07.2021 (S/L-86) Ct.-08 (PJ & SM) (Via Video Conference) W.P.A. 9407 of 2021 Sri Subhadip Chowdhury -Vs- West Bengal State Electricity Distribution Company Limited & ors.

Mr. Sourav Sen, Ms. Sayani Bhattacharya, ....... For the Petitioner.

Mr. Debayan Goswami, ... For the respondent no. 6.

Mr. Debjit Mukherjee, For WBSEDCL The petitioner seeks electric supply.

The respondent no. 6 is represented.

None appears for the other respondents.

A person in settled position is entitled to electric connection. In the facts of the present case, the petitioner seeks electric supply through the common passage. The respondent no. 6 contends that it is not objecting to electric supply to the petitioner per se but that such electric supply should not hinder any construction that the respondent no. 6 makes on its plot of land. In the facts of the present case, since the petitioner is entitled to electric supply, the West Bengal State Electricity Distribution Company Limited will grant electric supply to the

petitioner, in accordance with law. Such electric supply will, however, not prejudice the rights and contentions of the private respondents with regard to the immovable property concerned. It will not create any additional right, equity or title in favour of the petitioner other than those that the petitioner is entitled to in law.

It is expected that the West Bengal State Electricity Distribution Company Limited completes the entire exercise within a period of four weeks from the date the petitioner with all formalities including paying all costs, charges and expenses for the new electric supply.

Learned advocate appearing for the Distribution Company submits that the Distribution Company apprehends resistance at the time of grant of electric supply to the petitioner.

In the event, the Distribution Company faces any resistance or threat from any quarter at the time of grant of electric supply to the petitioner, it is at liberty to approach the local police authorities for police assistance. The local police authorities will provide adequate police protection to the Distribution Company to provide electric supply to the petitioner. All costs charges and expenses for the same will be borne by the petitioner in such eventuality.

WPA of is disposed of accordingly.

The parties shall act in terms of the copy of the order downloaded from the official website of this court.

(Debangsu Basak, J.)