Dipa Gupta v. The State Of West Bengal And ORS
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 04 19.8.2025 Sc Ct. no.2 WPA 13911 OF 2025 ------------- Smt. Dipa Gupta Vs.
The State of West Bengal & Ors.
Mr. Dev Kumar Sharma ....For the Petitioner Mr. Bibek Jyoti Basu Mr. Debojyoti Kaw Ms. Somashree Dey.
....For the State Ms. Oindrila Ghosal ....For the CESC Upon urgency being pleaded on mentioning and since the regular determination has been assigned to this Court, this writ petition has been taken up for consideration by publishing in the daily cause list. Mr. Dev Kumar Sharma, learned Advocate appears for the petitioner.
Mr. Bibek Jyoti Basu, learned Advocate appears for the State.
Ms. Oindrila Ghosal, learned Advocate appears for the CESC Limited.
Pursuant to the direction of the coordinate Bench dated July 16, 2025, the CESC authority files a report dated July 30, 2025, issued and signed by the District Engineer, Howrah District, the same is taken on record. The solitary grievance of the petitioner is that the petitioner has applied for a new electricity meter,
Annexure-P8 at page 24 to the writ petition but the CESC authority has not yet provided the supply of electricity by installation of the new meter. The contention of the CESC authority as would be evident from the report in respect of the claim of the petitioner is quoted below :
"We took attempt to install a new metered supply in favour of the petitioner but could not execute the same due to vehement objection at site and received objection letters thereafter. This is to submit that technically it was not feasible to maintain two service cables at the same premises but one new meter at the new service cable can be accommodated. Hence, a new supply was offered to the petitioner for her shop at the new service connection. But in the present circumstances, the same can only be installed in presence of police protection."
The law is well settled that, subject to compliance of statutory formalities and upon payment of all statutory charges and levies, if a person is otherwise eligible and applies for electricity supply, the electricity authority is bound to give such connection.
Accordingly, the CESC authority subject to compliance of all necessary statutory requirements and payment of levies and fees required to be paid by the petitioner shall proceed to install the new electricity meter and to provide electricity connection to the petitioner forthwith and positively within 72 working hours from communication of this order.
In the event the CESC authority seeks police assistance, the local Police Station, namely Golabari Police Station, Howrah shall provide all necessary
support and assistance to enable the CESC authority to carry out and discharge its statutory obligation. The usual costs to obtain police assistance which are required to be paid statutorily shall be borne by the petitioner upon production of necessary money receipts by the police authority.
Mr.
Dev Kumar Sharma, learned Advocate appearing for the petitioner has specifically informed this Court that no litigation is pending which can touch providing electricity supply to the writ petitioner at the subject premises.
It is also made clear that this order shall not create any right or equity in favour of the petitioner in respect of her occupation at the subject premises in any manner and this order is restricted only for obtaining electricity supply and not beyond that.
With the above observations and directions, this writ petition, WPA 13911 of 2025 stands disposed of, without any order as to costs.
The parties shall act on the server copy of this order, duly downloaded from the official website of this Court.
(Aniruddha Roy, J.)