WPA/25851/2026 of PRASENJIT MIDYA Vs STATE OF WEST BENGAL AND ORS. on 22 September 2026

1. Affidavit of service filed in the Court is taken on record.

2. The instant writ petition is by the petitioner/occupier of the premises, alleging inaction on the part of the respondent authority for grant of new electricity connection pursuant to his application dated August 19, 2026.

3. Fact remains that the owner of the premises is the father of the petitioner whereas the petitioner is in occupation of the premises.

4. There is family dispute between the siblings including the petitioner and a civil suit is pending before the competent Civil Court. At this juncture, the petitioner, claiming himself to be the settled and lawful occupier of the premises, has prayed for grant of new electricity connection as the existing line of electricity has been disconnected on July 30, 2026.

5. The petitioner has alleged that in spite of his application as above being made before the respondent authority in compliance with all formalities, no steps have yet been taken by the same in pursuant thereof.

6. The respondent authority, however, has serious objections to raise as regards such contention and prayer of the petitioner.

7. Mr. Chattopadhyay, learned advocate appearing for the respondent authority has submitted that by following due procedure, the respondent has made inspection over the premises pursuant to the application of the petitioner dated August 27, 2026. However, he says, that the attempt of inspecting the premises could not be completed due to non-availability as well as non- cooperation of the petitioner concerned.

8. Mr. Nanda, learned advocate appearing for the private respondent, has submitted that the petitioner’s status as the occupier of the premises is also doubtful insofar as in the suit before the learned Civil Court, the summons could not have been served upon the petitioner at the address of the said premises, which returned with the endorsement “Addressee not found”.

9. Having heard the learned advocates for the respective parties and perusing the documents on record, this

Court is of the considered view that the petitioner, if is a lawful occupier of the premises concerned, would be statutorily entitled for grant of electricity connection as prayed for by him vide the application dated August 19, 2026. Fact remains that on the date of inspection, i.e. on August 27, 2026, the petitioner is stated to have remained absent, due to his professional compulsion. Otherwise, there is no sufficient material on record to suggest that the petitioner does not ordinarily resides in the concerned premises.

10. Considering the statutory right of the petitioner for being granted with the electricity connection, he being the occupier of the premises, let this writ petition be disposed of by directing the respondent authority to again conduct an inspection over the premises concerned and ascertain the facts required for grant of a new electricity connection in favour of the petitioner as the occupier of the premises.

11. Let such inspection of the premises be conducted by the respondent authority in presence of the petitioner as well as the private respondent.

12. Let the respondent authority serve notice of inspection prior to conducting such inspection, to the respective petitioner and the private respondent. Let it be mentioned that date of inspection, as so fixed by the petitioner, cannot be postponed for any reason whatsoever. Moreover, the petitioner and the private respondent shall cooperate with the respondent authority at the time of inspection as well as during installation of electricity connection.

13. The respondent authority shall, upon being satisfied with due compliance of all statutory and legal formalities by the present petitioner for grant of new electricity connection over the premises in occupation of him, shall take necessary steps for installation of electricity connection at his premises, unless, it finds the writ petitioner, not to be entitled for the same due to operation of any legal provision.

14. The entire exercise should be concluded by the respondent authority within a period of eight (08) weeks from the date of this order.

15. Accordingly, WPA 25851 of 2026 stands disposed of.

16. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

17. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities.

(Rai Chattopadhyay, J.)