Sibsankar Marik And ORS v. West Bentgal State Electricity Distribution Company Limited And ORS

ML 129 16.01.2025 Ct. 14 BP/AGM In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 23284 of 2024 Sri Sibsankar Marik & Ors.

-versus WBSEDCL & Ors.

Mr. Mihir Kumar Kundu.

Ms. Indrani Nandi.

...For the Petitioners.

Ms. Sipra Saha.

... For the State.

Mr. Sumit Roy.

... For the WBSEDCL.

1. Affidavit-of-service filed today in Court be kept with the records.

2. The electricity connection cannot be given to the petitioners because of the objection raised by the respondent no. 4 being the landlord of the petitioners.

3. As electricity is an essential commodity, the same ought not to be objected. WBSEDCL is directed to cause spot inspection upon notice to all the necessary parties to ascertain the feasibility of providing electric connection to the petitioners. Spot inspection shall be conducted in the presence of the police officers from the Shyampur Police Station.

4. In the event the licensee finds it feasible to provide electricity connection in favour of the petitioners, then steps shall be taken to give connection at the earliest but positively within a period of four weeks from the date of compliance of all statutory formalities.

5. The private respondent is restrained from interfering with men and agents of WBSEDCL at the time of causing spot inspection and at the time of granting electricity connection, if found feasible.

6. The electricity connection will not create any right, or equity in favour of the petitioners. The civil rights of the parties will be decided by the competent civil forum.

7. The writ petition stands disposed of.

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.)