Sharat Kumar Behera v. The State Of West Bengal And ORS.

22.7.2025 DL.47 Court No.15 sg WPA 15553 of 2025 Sharat Kumar Behera Vs.

The State of West Bengal & Ors.

Mr. Chirantan Sarkar ....for the petitioner.

Mr. Sarbananda Sanyal Ms. Poulami Chakraborty ....for the respondent Nos. 5 & 6.

Mr. Biswabrata Basu Mallick Mr. Sayan Ganguly .... for the State.

Mr. Sankar Banerjee .... for WBSEDCL.

The petitioner claims to be a tenant under respondent nos. 5 and 6. It is not in dispute that the petitioner had been availing electricity through a meter standing in the name of respondent no. 6. Learned advocate representing respondent nos. 5 and 6 denies the petitioner's status as a tenant, contending that the petitioner is a mere trespasser. It is further alleged that the petitioner failed to pay electricity charges, although he had been using electricity through the said meter.

It is also submitted that respondent nos. 5 and 6 have cleared all outstanding dues and subsequently surrendered the meter to the West Bengal State

Electricity Distribution Company Limited (WBSEDCL).

Learned advocate appearing for the petitioner submits that the petitioner is entitled to a separate electricity connection. He further submits that despite making a representation to WBSEDCL for such connection, the same has not been considered. Learned advocate appearing for WBSEDCL submits that no formal application has been submitted by the petitioner for a separate connection.

Having regard to the aforesaid facts, I do not find any reason to keep this writ petition pending. The petitioner's possession of the premises is not in dispute, and hence, he cannot be denied access to electricity-a basic amenity.

Accordingly, WPA 15553 of 2025 is disposed of with liberty to the petitioner to submit a formal application in the prescribed form to WBSEDCL for a separate electricity connection, along with the requisite charges.

Upon such application being made and subject to compliance with all necessary formalities, WBSEDCL shall provide a separate electricity connection to the petitioner within a period of three

(3) weeks from the date of receipt of the application. Accordingly, writ petition being WPA 15553 of 2025 is disposed of.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

( Kausik Chanda, J. )