Barun Chandra Paul And ANR. v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

05. 11. 2024 BP Sl. 36 Court No. 14 WPA 17503 of 2024 Barun Chandra Paul & Anr Vs.

The State of West Bengal & Ors.

Mr. Chirantan Sarkar ..for the petitioners Mr. Debanjan Mukherjee ..for WBSEDCL Ms. Anjusri Mukherjee Mr. Mostafijur Rahaman ..for the State

1. Affidavit of service filed in Court today is taken on record.

2. The petitioners seek a direction upon the Distribution Company Limited to disconnect the electricity connection given in favour of the private respondents.

3. Admittedly, the connection of the private respondents was given in the month of December, 2023. At the time of inspection for grant of connection no objection was raised by the petitioners. First objection was raised on 6th April, 2024.

4. Learned advocate representing the Distribution Company Limited submits, upon instruction that, a spot inspection was conducted and it was found that the

private respondents were in possession of the premises where the electricity connection has been effected.

5. The petitioners admit possession of the private respondents at the subject premises.

6. Electricity being an essential commodity, the Court ought not to pass order for disconnection of the same in the absence of any order from the competent authority.

7. The prayer of the petitioners cannot be allowed. The writ petition, accordingly, fails and is hereby dismissed.

8. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J. )