Swapan Kumar Bose Alias Swapan Bose v. West Bengal State Electricity Of Distribution Company Limited And ORS.

01.09.2025 Item No. 14.

Court No.15.

AB W. P. A. 17217 of 2025 Swapan Kumar Bose @ Swapan Bose Vs WBSEDCL & Others Mr. Arif Ali, Mr. Sarban Bhattacharya, Mr. Sagar Dutta ....for the Petitioner.

Mr. Debjit Mukherjee .....for the WBSEDCL. Mr. Mritunjoy Goswami, Mr. Parikshit Goswami ....for the Respondent Nos.7 to 10.

The petitioner seeks electricity connection for a premises situated at Plot No. 151, Mouza - Hijal Pukuria, J.L. No. 80, North 24 Parganas.

It appears that by an order dated June 15, 2009, a Coordinate Bench of this Court directed WBSEDCL, inter alia, as follows:

"Since the petitioner is in occupation of the premises whereat the new connection has been sought, the distribution company will assess the best possible route for the connection to be carried to the petitioner's premises without causing any great inconvenience to the private respondents. For such purpose, the Station Manager of the relevant group electricity supply will convene a meeting of the petitioner and the private respondents and take a decision as to the route through which the line should be taken without causing much inconvenience to the private respondents.

The entire exercise should be completed by the distribution company, including reaching the new electricity connection to the petitioner, within a period of four weeks from date. The petitioner will remain liable to comply with all formalities including paying the requisite charges."

Learned counsel appearing for WBSEDCL submits that pursuant to the said order, an alternative

route was identified and a line was proposed through R.S. Plot No. 155. However, due to objections raised by respondent nos. 7 to 10, the connection could not be effected.

Learned counsel for respondent nos. 7 to 10 submits that a civil suit between the parties is pending, and that an injunction order has already been passed therein. It is, therefore, argued that no electricity connection should be provided.

It appears that the subject matter of the pending civil suit, being Title Suit No. 196 of 1997 before the Additional District Judge, First Court, Barasat, North 24 Parganas, renumbered as Title Suit No. 215 of 2006, concerns R.S. Plot No. 151. I am of the view that the pendency of the said suit or any injunction order passed therein should not operate as a bar to grant of electricity connection to the petitioner.

Accordingly, WPA No. 17217 of 2025 is disposed of with a direction upon WBSEDCL to provide electricity connection to the petitioner in terms of the order dated 15.06.2009, within a period of three weeks from the date of communication of this order. The officials of WBSEDCL shall be at liberty to seek assistance from the Officer-in-Charge of Habra Police Station, and the costs of such police assistance shall be borne by the petitioner.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after compliance with all the necessary formalities. (Kausik Chanda, J.)