Ganesh Prasad vs The State of West Bengal & Ors.

The petitioner seeks a new electricity connection Learned Advocate for the petitioner submits that, the Distribution Company has not effected electric supply although the petitioner is entitled thereto. The State, the Distribution Company and the private respondent are represented.

The learned Senior Advocate for the private respondent submits that, the petitioner is not in possession of the property concerned. He has no right, title and interest therein. He draws the attention of the Court to the power of attorney annexed to the writ petition and submits that, the petitioner has approached the Court in his personal capacity. He claims to be a power of attorney holder of a tenant. The private respondent has filed proceeding under Section 144 of the Cr.P.C. There are civil suits pending and interim orders subsisting. He submits that, by an order dated March 3, 2014, the original tenant was disallowed electric supply.

Learned Advocate for the Distribution Company submits that, the Distribution Company went for the purpose of inspection and did not have access. Therefore, it could not process the application for new electric supply. I have considered the rival contentions of the parties and the materials made available on record.

The petitioner relies upon a power of attorney claimed to be executed by the tenant in favour of the petitioner. The petitioner has a subsisting trade licence at the premises concerned. It appears from the materials made available on record that, the petitioner can be considered to be in settled possession of such property. This finding, however, will not be construed to mean that, any additional right, title, equity or interest is being created in favour of the petitioner other than those already enjoyed by him in respect of the property, if there be any.

Being in settled possession, the petitioner has statutory right to receive electric supply. The Distribution Company has a corresponding obligation to supply electricity to the petitioner. The order dated March 3, 2014 passed in T.S. No. 210 of 2013 by the Civil Judge, Junior Division, 1st Court, Assansol, however, would not bind the petitioner as he is not a party to such suit.

In such circumstances, the Distribution Company will proceed to inspect the premises and effect electric supply to the petitioner in accordance with law subject of course to the petitioner complying with all formalities and paying all costs, charges and expenses with regard thereto. In the event, the Distribution Company finds any obstruction in implementing this order from any quarter, it is at liberty to take the assistance of the police. The police authorities are directed to render adequate police protection to the Distribution Company in implementing this order, if so approached by the Distribution Company.

It is expected that, the Distribution Company will effect the electric supply within a period of fortnight from the date of compliance of the formalities and payment of costs, charges and expenses by the petitioner. W.P. 1070 (W) of 2018 is disposed of without any order as to costs.

Urgent website certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.