By Dhiraj Ali Khan & Anr vs The West Bengal State Electricity
2022 Latest Caselaw 7389 Cal

  35
07.11.2022
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              IN THE HIGH COURT AT CALCUTTA
             CONSTITUTIONAL WRIT JURISDICTION
                      APPELLATE SIDE


                       W.P.A. No. 23004 of 2022

                 Monika Hardware, represented
                    By Dhiraj Ali Khan & Anr.
                               Vs.
                The West Bengal State Electricity
              Distribution Company Limited & Ors.


                  Mr. Pradip Kumar Chatterjee,
                  Mr. Masud Mallik
                                  ...for the petitioner

                  Mr. Amitabh Shukla
                                 ...for the WBSEDCL

                  Mr. Soumen Kumar Dutta,
                  Mr. Sabyasachi Bhattacharjee
                                  ...for the private respondent

Affidavit-of-service filed in Court today be kept on

record.

The grievance of the petitioners is that, despite the

petitioners' landlord, that is, the private respondent no.

3, having had the latter's electricity supply to the

tenanted premises of the petitioners (shop room)

disconnected and the petitioners having applied for a

fresh electricity connection in the petitioners' own

name subsequently, the West Bengal State Electricity

Distribution Company Limited (WBSEDCL) is not

giving such connection to the petitioners, although the

petitioners had deposited the quotation amount.

Learned counsel appearing for the WBSEDCL

submits that the WBSEDCL, as per law, requires a

valid Way-Leave Certificate from the petitioners, signed

by the landlord, and that the certificate of enlistment

produced for getting the commercial connection has

already expired.

Learned counsel appearing for the private

respondent no. 3 submits, by placing reliance on a

Division Bench judgment reported at 2004(3) CHN 565

(paragraph No. 3), that without the consent of the

land-owner, no electricity connection can be given.

Learned counsel appearing for the petitioners, in

reply, submits that the petitioners are ready and

willing to furnish the necessary documents to show

that the petitioners have already applied for renewal of

the certificate of enlistment and is running business

from the said property.

On perusal of the cited judgment, it appears that

the same was not rendered in the context of a landlord-

tenant dispute. In the said case, the general

proposition was laid down, which is settled in law, that

the consent of the owner is required for taking

electricity connection over or through a particular land.

    However,       in        the       present     case,      the

landlord/respondent          no.   3    specifically   had    his

electricity connection disconnected, from which the

petitioner no. 2 was enjoying electricity for the purpose

of running his business. That apart, an eviction suit is

pending at present at the behest of the respondent no.

3 against the petitioner, which ipso facto cannot be a

ground for prior eviction of the petitioner from the suit

premises before the suit is decreed, if at all. The policy

to adopt a dog in the manger method in depriving the

tenant from electricity, thereby compelling the tenant

to leave the property prematurely, is strongly

deprecated.

The ratio of the cited Division Bench judgment is

not applicable at all in the facts of the present case.

Rather, Section 43 of the Electricity Act, 2003, in

conjunction with the Constitution of India, guarantees

that an occupier has a right to get electricity

connection to the premises which he is occupying.

The objection raised by the landlord, in writing or

otherwise, has no sound footing and, as such, cannot

be a necessary pre-requisite in giving new electricity

connection to the petitioner; more so, in view of the

fact that the landlord himself has had his electricity

connection disconnected at the premises.

W.P.A. No. 23004 of 2022 is, accordingly,

disposed of by directing the petitioners to produce

necessary documents before the WBSEDCL within a

week from date to show that the petitioners are at

present occupying the property-in-question and that

the petitioner no. 2 has already applied for renewal of

the certificate of enlistment for running the shop room

at the premises.

Upon such documents being produced, the

WBSEDCL, subject to compliance of all other

formalities by the petitioners, shall give a new

electricity connection to the petitioners at the premises

in terms of the petitioners' application, irrespective of

any objection that may be raised by the private

respondent no. 3. If any obstruction is raised by the

private respondent no. to for the WBSEDCL personnel

in doing so, it will be open to the WBSEDCL personnel

to approach the local police station for police

assistance.

If so approached, the Inspector-in-Charge or the

Officer-in-Charge, as applicable, of the local police

station shall grant such assistance to the WBSEDCL

personnel, at the cost of the petitioners, on the written

communication of the leaned Advocates for the parties,

accompanied by a server copy of this order, without

insisting upon prior production of a certified copy

thereof.

It is, however, made clear that the electricity

connection, when given, shall not create any special

right or equity in favour of the petitioners and it will be

open to the parties to the eviction suit pending between

the parties, to canvas their respective grievances in the

said eviction suit.

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 of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)