Calcutta High Court
WPA/25795/2026 of SUBHRA ADHIKARY Vs WEST BENGAL ELECTRICITY DESTRIBUTION COMPANY LIMITED AND ORS on 22 September 2026
Ct. No.652 D/L 14 ( NMD) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION (Appellate Side) W.P.A. 25795 of 2026 Subhra Adhikary Vs. West Bengal State Electricity Distribution Company Ltd. & Ors. Mr. Suhrid Sur …for the Petitioner Mr. Kanak Kiran Bandyopadhyay
22.09.2026
Ct. No.652
D/L 14
( NMD)
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
(Appellate Side)
W.P.A. 25795 of 2026
Subhra Adhikary
Vs.
West Bengal State Electricity
Distribution Company Ltd. & Ors.
Mr. Suhrid Sur
…for the Petitioner
Mr. Kanak Kiran Bandyopadhyay
…for the WBSEDCL
1. Affidavit-of-service is filed in Court today, let it be taken on record.
2. It appears that, in spite of service, none appears for the respondent nos. 6 & 7, which are the police authorities.
3. The petitioner is the bona fide consumer of electricity, who has submitted necessary charges with the respondent/WBSEDCL for installation of commercial connection in her premises, but not fructified as yet. The reason being objections raised by the local residents, on apprehension of possibility of electrocution, endangering life of the local people, if the electricity connection be installed at the premise of the petitioner.
4. The
matter
travelled
to
the
Grievance
Redressal Officer, Hooghly. After considering
all documents and hearing all the parties, the Grievance Redressal Officer has passed his order dated August 25, 2026 in the following manner:- It is brought to the notice of this forum that, a joint physical inspection was conducted on 5th August 2026 by the respondent in the presence of both the objectors and the petitioner. During such inspection, it was found that no electric pole was required to be erected upon the private land of any of the objectors, nor would the proposed overhead line pass over their respective properties. It was further ascertained that the proposed electrical work could be executed in accordance with the applicable safety requirements and technical standards and that the proposed drawing of the 11 KV
overhead line was technically feasible.
Having considered the submissions and the facts placed before this forum, it appears that the objection raised by certain local inhabitants is founded principally upon an apprehension regarding the safety of the proposed electrical infrastructure. However, following the joint physical inspection conducted on 5th August 2026, no material has been placed before this forum to establish would require erection of any pole on the private property stablish that the proposed installation line would pass over their properties. of the objectors or that the proposed overhead the forum is also observed on the basis of the materials presently available, that the proposed work is technically feasible and is capable of being executed subject to compliance with all applicable electrical safety standards, statutory requirements and technical norms. A
mere apprehension, unsupported by any
material demonstrating an actual violation of safety requirements or interference with private property, cannot by itself constitute sufficient ground for indefinitely withholding an electricity connection. The respondent shall therefore proceed with the work in accordance with the regulations and complete the process of providing the new electricity connection to the petitioner within the prescribed time limit, subject to compliance with all applicable requirements.
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Order :--
Accordingly, the respondent licensee, is directed to take necessary steps for releasing & effecting the petitioner's pending new commercial electricity connection within the stipulated time period in accordance with the Regulation no:- 4.3 of the Notification no. 46/WBERC, Dated:-31" May'2010, subject to fulfillment of all the tutory formalities and the respondent shall ensure that the work is executed strictly in accordance with the applicable electrical safety standards & technical specifications. If necessary, the licensee shall be at liberty to seek appropriate assistance from the local administration for peaceful execution of the electrical work.
5. Hence, as per the order of the Grievance Redressal Officer there should not have been any impediment for the respondent authority to install commercial electricity connection at the premise of the petitioner with appropriate care and caution, though could not have been done, due to resistance of the local people.
6. By filing the instant writ petition, the petitioner has sought for direction upon the police authority, so that the respondent authority taking police help, installs the commercial electricity connection at her premises, the other conditions for such installation have already been duly complied with by the petitioner.
7. Mr. Sur, learned advocate appearing for the petitioner, apart from stating the above factual background of the case, has relied on a judgment of this Court in Kuntal Mukherjee Vs. West Bengal State Electricity Distribution Company reported in 2023 SCC Online Cal 36.
8. It is noted that the Court in the said judgment has held by relying upon the earlier three Judges’ Bench decision of this Court in the case of Abhimanyu Mazumdar Vs. Superintending Engineer (AIR 2011 Cal
64) that a person in “settled possession is entitled to get electricity under Section 43 of the Electricity Act, 2003, irrespective of the lawfulness/legality of such possession”.
9. There is no dispute as regards legality of the possession and occupation by the petitioner in the concerned property. There is also no dispute as regard due compliance of all the statutory formalities by the petitioner for grant of commercial electricity connection to her as prayed for.
10. It further reveals from record that necessary infrastructural steps have already been taken by the respondent/ WBSEDCL by erecting polls in the locality.
11. Therefore in consideration of the settled proposition of law as well as the statutory mandate, this Court is of the view that there should be any impediment for the respondent/WBSEDCL to immediately install commercial electricity connection at the premise of the petitioner, as prayed for.
12. Any objection or resistance put up by the local residents on apprehension of danger or mishap due to the licensee failing to maintain due diligence cannot be considered to be a viable or legally recognized reason, for the respondent authority, not to proceed in accordance with law for granting electricity connection to a bona fide consumer.
13. In such circumstances, let this writ petition be disposed of directing the respondent/WBSEDCL immediately to install electricity connection as prayed for by the petitioner at her premise and if necessary with the help of respondent nos. 6 & 7, positively within a period of two weeks from the date of communication of this order to the respondent no. 5/the Station Manager, CCC Singur. Upon being approached by the respondent no. 5, the respondent nos. 6 & 7 shall take all necessary steps in this regard, in accordance with law.
14. Respondent nos. 6 & 7 is directed to act in accordance with law, when approached by the respondent /WBSEDCL, for the purpose of installation of electricity connection at the premise of the petitioner by deploying police force, for which necessary costs shall be borne by the petitioner.
15. The writ petition stands disposed of with the above observations and directions.
16. No order as to costs.
17. All concerned parties shall act in terms of the server copy of this order duly downloaded from the official website of this Court.
18. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
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(Rai Chattopadhyay, J.)