Calcutta High Court (Appellete Side)
Aajehar Ali Molla @ Ajehar Molla vs The State Of West Bengal And Others on 5 April, 2023
AD-09
Ct No.09
05.04.2023
TN
WPA No. 7272 of 2023
Aajehar Ali Molla @ Ajehar Molla
Vs.
The State of West Bengal and others
Mr. Md. Zeeshanuz Zaman
.... for the petitioner
Mrs. Rituparna Maitra
.... for the WBSEDCL
Mr. Nirmalendu Bera,
Mr. Gorachand Samanta
.... for the respondent no.13
Learned counsel for the petitioner, Mr. Md.
Zeeshanuz Zaman, submits that the petitioner is the
owner of a property on which the private respondent
has illegally taken an electricity connection for the
purpose of operating a submersible pump. It is
further contended that despite representations by the
petitioner, no effective steps were taken by the West
Bengal State Electricity Distribution Company Limited
(WBSEDCL).
It is further argued that an inspection was
actually held in presence of the Station Manager and
others of the WBSEDCL, which revealed that the
connection had been taken unlawfully, inasmuch as
the illegality in the installation of the submersible
pump was concerned. However, no steps have yet
been taken in that regard.
Learned counsel appearing for the private
respondent denies and disputes the contentions of the
petitioner and contends that the private respondent is
legally using electricity at the property-in-question for
operating his submersible pump, which was obtained
in accordance with law. Learned counsel also submits
that he is ready to produce copies of the relevant
electricity bills to show that he is paying the electricity
charges in usual course.
Learned counsel for the WBSEDCL submits that
no illegality has been committed on the part of the
WBSEDCL or the private respondent as regards giving
of electricity connection to the private respondent.
Further, it is argued, the connection given to the
private respondent is of a temporary nature.
Upon hearing learned counsel for the parties
and perusing the unreported judgment of a coordinate
Bench of this court in W.P. No. 2264(W) of 2010
(Monija Bibi & Anr. vs. The West Bengal State
Electricity Distribution Company Ltd. & Ors.), it
transpires that the said judgment operated in respect
of a subtly different footing than the present
allegation. In the said case, the learned Single Judge
observed that if anyone is operating any pump
installed in any illegally sunk well, the licensee shall
disconnect supply to the pump at once.
However, this court searches in vein in the
representations given by the petitioner to find out any
specific instance of illegality cited by the petitioner.
That apart, since a connection has been given to
the petitioner in a premises where the petitioner is in
occupation, the question of legality of the occupation
itself becomes redundant in view of the settled law
that a person in occupation of a property is entitled to
get electricity connection.
Be that as it may, although the alleged illegality
of the possession cannot be a valid ground for the
private respondent to object to the electricity
connection being given to the private respondent,
nothing in this order shall preclude the petitioner
from making any further representation by specifically
indicating the exact illegality, if any, alleged to have
been committed by the private respondent in taking
the electricity connection-in-question and/or other
illegality, if any in the perception of the petitioner,
apart from the question of legality of the occupation of
the private respondent.
If any such representation is made, the
WBSEDCL shall decide the same in accordance with
law and after seeking necessary reports from the
appropriate authorities, if so required.
WPA No. 7272 of 2023 is disposed of accordingly
in the light of the above observations.
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.)
