Nandalal Barui vs The Station Manager
2022 Latest Caselaw 8480 Cal

AD-09
Ct No.09
19.12.2022
TN
                           WPA No. 26702 of 2022

                              Nandalal Barui
                                   Vs.
              The Station Manager, West Bengal State Electricity
                             Board and others


             Ms. Sananda Bhattacharyya
                                                 .... for the petitioner

             Mr. Debanjan Mukherji
                                               .... for the WBSEDCL

             Mr. Apratim Bhattacharya,
             Mr. Souvik Chatterjee
                                 .... for the private respondent no.5

Leave is granted to the learned Advocate-on-

record for the petitioner to carry out the necessary

amendments to the cause title of the writ petition to

implead the West Bengal State Electricity Distribution

Company Limited (WBSEDCL) as a party respondent

to the present writ petition, since two officials of the

WBSEDCL have been impleaded as respondents, but

the said Distribution Licensee itself has not been so

impleaded.

Learned counsel for the petitioner contends that

the petitioner is a tenant in respect of the property-in-

dispute and has been in occupation of the said

property till date. However, although a previous

electricity connection at the same premises, standing

in the name of the petitioner's father (since deceased),

was disconnected, even upon the petitioner having

made a new application for electricity connection and

having deposited the quotation amount, the

WBSEDCL is now insisting upon a Way Leave

certificate being obtained from the private

respondent/landlord.

Learned counsel for the WBSEDCL submits that

the WBSEDCL had to disconnect the previous

electricity connection standing in the name of the

petitioner's father in view of an order passed by a civil

court. Learned counsel further submits that the

WBSEDCL otherwise does not have any difficulty in

giving the new connection to the petitioner, but the

petitioner is required to obtain a Way Leave

permission from the landlord/owner.

Learned counsel appearing for the private

respondent/landlord submits that the private

respondent has already instituted an eviction suit

against the petitioner, which is now pending.

That apart, since the electricity connection in

the name of the petitioner's deceased father was

continuing in the name of the said deceased even after

his demise, the same had to be disconnected.

Upon hearing learned counsel for the parties,

the first thing which strikes the eye is that the

pendency of an eviction suit cannot be a hindrance to

an occupant of a premises getting an electricity

connection in his/her name. Section 43 of the

Electricity Act, 2003 is wide enough to contemplate

the right to get electricity connection in favour of both

the lawful and unlawful occupants, as decided in

several judgments of this court.

Whatever may be the outcome of the eviction

suit, the electricity connection, if given to the

petitioner in his name, will definitely abide by the

result of the same. However, there is no present

impediment to the petitioner getting such electricity

connection in his own name upon compliance of

formalities, which he has already done.

The lack of Way Leave permission from the

landlord cannot be a hindrance to the petitioner

getting a new electricity connection to his premises.

Accordingly, WPA No. 26702 of 2022 is disposed

of by directing the WBSEDCL to give a new electricity

connection in the name of the petitioner at the

disputed premises within a fortnight from date.

It is, however, made clear that as and when the

electricity connection is so given, the same shall not

create any special right or equity in favour of the

petitioner which the petitioner otherwise does not

have in law and shall not influence in any manner the

result of the eviction suit pending between the private

parties.

In the event the WBSEDCL personnel are

resisted by the private respondent from giving such

electricity connection to the petitioner from the

existing meter board position at the premises, it will

be open to the WBSEDCL personnel to approach the

local police station for adequate police assistance in

that regard. If so approached, the Officer-in-

Charge/Inspector-in-Charge (as applicable) of the said

police station shall give such assistance to the

WBSEDCL at the cost of the petitioner by acting on a

server copy of this order, without insisting upon prior

production of a certified copy of the same.

This court has not entered into the dispute

pending in the civil court inter se the private parties.

There will be no order as to costs.

Urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)