Pami Shaw v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE

Present:

The Hon'ble Justice Debangsu Basak And The Hon'ble Justice Md. Shabbar Rashidi With IA No.: CAN 1 of 2025 With IA No.: CAN 2 of 2025 Pami Shaw Vs.

The State of West Bengal & Ors.

For the Appellant : Mr. Mahammad Mahmud, Advocate For the Respondent nos.5 to 8: Mr. Soumya Banerjee, Advocate Ms. Sucheta Banerjee, Advocate Hearing & Judgment on : July 22, 2025 DEBANGSU BASAK, J.:-

1. IA No.: CAN 1 of 2025 is an application for condonation of delay.

2. Considering the averments made in the application and the nature of delay, we deem it appropriate to condone the delay in making and filing the appeal.

3. IA No.: CAN 1 of 2025 is allowed.

4. IA No.: CAN 2 of 2025 is an application seeking appropriate orders in the present appeal.

5. Appeal is directed against an order dated January 15, 2025 passed in WPA 22896 of 2024.

6. By the impugned order, learned Single Judge dismissed the writ petition filed by the appellant.

7. Appellant seeks electricity connection in respect of an immovable property. Appellant claims to be the purchaser of such immovable property. Appellant claims that, there is an electric meter board at the premises concerned.

8.

Learned Single Judge noted that, the appellant before us sought new electricity connection. Learned Single Judge also noted that, there was an earlier writ petition which directed the CESC Limited to hold inspection and to ascertain the feasibility of grant of electricity connection to the appellant. Learned Single Judge also noted that, the electricity connection cannot be granted till such time a meter board was constructed where the new meter was to be installed. Moreover, the completion certificate is yet to be issued by the competent authority.

9.

Before us, there is no material placed to suggest, let alone establish that, the completion certificate of the flat that the appellant claims to be the purchaser of, was issued by the competent authority.

10. In respect of a building which is under construction and in respect of which completion certificate is yet to be issued, we are not in a position to direct electricity supply to be granted in order to facilitate the

occupation of such immovable property. Such a direction will be contrary to the provisions of the statute requiring a completion certificate for a valid occupation.

11. In such circumstances, we find no ground to interfere with the order impugned in the present appeal.

12. MAT 764 of 2025 and IA No.: CAN 2 of 2025 are disposed of without any order as to costs.

(Debangsu Basak, J.)

13. I agree.

(AD) (Md. Shabbar Rashidi, J.)