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S/L 27

23.12.2025

Court. No. 25

sourav

WPA 11047 of 2025

S. S. Construction

Vs.

West Bengal State Electricity Distribution

Company Limited & Ors.

Mr. Satyam Mukherjee

Ms. Sayani Ahmed

Mr. P.S. Ghosh

Mr. Saibal Rakshit

… for the petitioner.

Dr. Modhusudan Saharay

Ms. Debangana Dey

… for W.B.S.E.D.C.L.

Mr. Pannalal Bandyopadhyay

Mr. Abhijit Ghoh

… for the respondent no. 5.

Mr. Abhijit Mondal

Ms. Puja Goswami

… for the respondent nos. 6 to 11.

1. The petitioner has filed the present writ application praying

for a direction upon the respondent nos. 3 and 4 for taking

appropriate steps for installation of new electric connection

in the property being “Gulmohar Villa” situated at Mouza –

Khoradabahera, J.L. No. 06, R. S. Dag Nos. 334 and 335, L.

R. Dag No. 1079, L.R. Khatian No. 1065, under P.S. –

Uttarpara, District – Hooghly.

2. The petitioner submits that the petitioner has applied for

grant of electric connection and accordingly, the authorities

have issued the quotations and as per the quotations, the

petitioner has paid the amount, but in spite of the payment

of the amount, the authorities have not provide the electric

connection because of there is an objection from the

villagers.

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3. Learned counsel for the petitioner further submits that the

petitioner has received a communication from the

WBSEDCL on April 22, 2025 wherein it is informed that the

authorities came to know that with respect to the said

property, a civil suit is pending and in the said civil suit

there is an order of status quo passed by the learned Civil

Court and as such, the authorities are not in a position to

provide electric connection to the petitioner.

4. In terms of the order passed by this Court, the authorities

have filed the report. In the report it is mentioned that the

authorities are ready and willing to provide the connection

to the petitioner but there is an objection from the villagers

and there is a civil suit is pending before the Civil Court

wherein an order of status quo has been passed due to which

the authorities are not in a position to provide the electric

connection to the petitioner.

5. Learned counsel for the petitioner has relied upon the

judgment in the case of Sk. Samsud Doha Vs. The West

Bengal State Electricity Distribution Co. Ltd. &

Ors. reported in 2012 SCC Online Cal 4314 wherein the

co-ordinate Bench of this Court has held that mere objection

of a owner/occupier to lay such works on his land cannot be

a reason for the licensee to shrink its statutory duty to

supply electric energy which are essential service and an

ingredient of the fundamental right to life of an individual in

modern day society. He further submits that the co-ordinate

Bench has further held that mere pendency of the civil suit

and the order of the status quo as to nature and character of

the suit property also does not stand in the way of

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WBSEDCL to discharge its statutory duty and provide

electric connection to the petitioner who is admittedly an

occupier of the property.

6. Heard the learned counsel for the respective parties.

7. Perused the materials on record and the judgment relied by

the parties.

8. Learned counsel for the private respondent nos. 6 to 11 prays

for time to file affidavit-in-opposition.

9. This Court finds that the WBSEDCL has not provided the

electricity connection only on the basis of the objection

raised by the private respondents on the ground that they

have initiated a civil suit and there is an order of status quo.

This Court finds that the petitioner has applied for electric

connection and on receipt of the application, the WBSEDCL

has issued the quotations and the petitioner has already

deposited the said amount. The WBSEDCL has not provided

the electricity connection due to the objection and the order

of status quo passed by the learned civil Court.

10. It is a settled law that mere objection by the villagers and

mere obtaining the order of status quo with respect of the

property will not prevent the WBSEDCL for providing

electric connection to the petitioner as the electric

co