Babu Nand Yadav v. The State Of West Bengal And ORS.

02.05.2025 Sl No.25 Ct. No.15 S.A.

WPA 9030 of 2025 Babu Nand Yadav -vsThe State of West Bengal & Ors.

Mr. Sounak Bhattacharya Mr. Sounak Mandal Mr. Abhirup Halder ...for the petitioner Mr. Debjit Mukherjee ...for WBSEDCL Mr. Subhendu Bandyopadhyay Mr. Arindam Mitra ...for the State The petitioner seeks a domestic electricity connection.

It is submitted that the connection could not be effected due to obstruction caused by respondent no.

7. Despite due service, respondent no. 7 has not entered appearance.

Learned counsel appearing on behalf of the West Bengal State Electricity Distribution Company Limited (WBSEDCL) submits that officials of WBSEDCL visited the premises on multiple occasions to effect the electricity connection. However, due to obstruction from respondent no. 7, the connection could not be provided. It is further submitted that respondent no. 7 has filed a written objection, contending, inter alia, that a pre-emption suit concerning the relevant plot of land is pending before the competent Civil Court, in which an injunction order has been passed.

In my considered view, the pendency of a preemption suit cannot, in itself, be a bar to granting an electricity connection in favour of the petitioner. It is well settled that the grant of an electricity connection does not confer any right, title, or interest over the property in question, nor does it alter the nature and character of the premises.

As the settled possession of the petitioner is not in dispute, there is no justifiable reason to deny him an electricity connection.

Accordingly, the writ petition is disposed of with a direction upon WBSEDCL to effect the electricity connection in favour of the petitioner within a period of three weeks from the date of this order.

The Officer-in-Charge of Bhatpara Police Station is directed to extend necessary assistance to the officials of WBSEDCL in effecting the connection, at the cost of the petitioner.

Accordingly, WPA 9030 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.)