Pami Shaw Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Pami Shaw Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of delay in making and filing the appeal (IA No.: CAN 1 of 2025 allowed); MAT 764 of 2025 and IA No.: CAN 2 of 2025 disposed of without any order as to costs; no direction issued for grant of electricity connection.

Issue for consideration

Whether the delay in making and filing the appeal ought to be condoned (IA No.: CAN 1 of 2025). +1 more

Court's answer

Considering the averments made in the application and the nature of the delay, the delay in making and filing the appeal is condoned and IA No.: CAN 1 of 2025 is allowed.

Ratio / Principle

There is no material before the Court to suggest, let alone establish, that the completion certificate of the flat, of which the appellant claims to be the purchaser, was issued by the competent authority.

Key takeaways

In respect of a building which is under construction and for which the completion certificate is yet to be issued, the Court is not in a position to direct electricity supply to be granted to facilitate occupation of the property, since such a direction would be contrary to the provisions of the statute requiring a completion certificate for a valid occupation; consequently, there is no ground to interfere with the order impugned in the appeal.ratio¶29

Detailed headnote1 paragraphs

Calcutta High Court, Appellate Side (Division Bench: Debangsu Basak and Md. Shabbar Rashidi, JJ.), judgment dated July 22, 2025 in MAT 764 of 2025 (with IA Nos. CAN 1 and CAN 2 of 2025), Pami Shaw v. The State of West Bengal & Ors. The appeal lay against an order dated January 15, 2025 passed in WPA 22896 of 2024, by which the learned Single Judge dismissed the appellant's writ petition seeking an electricity connection in respect of an immovable property of which she claimed to be the purchaser, and at which an electric meter board allegedly existed. Delay in making and filing the appeal was condoned (CAN 1 of 2025 allowed). Before the Division Bench, no material was placed to establish that the completion certificate of the flat had been issued by the competent authority. Holding that, in respect of a building under construction whose completion certificate is yet to be issued, the Court cannot direct electricity supply to facilitate occupation of the property, as such a direction would be contrary to the statutory provisions requiring a completion certificate for a valid occupation, the Bench found no ground to interfere with the impugned order. MAT 764 of 2025 and IA No. CAN 2 of 2025 were disposed of without any order as to costs. Md. Shabbar Rashidi, J. agreed.

1 MAT 764 of 2025

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE

Present:

The Hon’ble Justice Debangsu Basak

And

The Hon’ble Justice Md. Shabbar Rashidi

MAT 764 of 2025 With IA No.: CAN 1 of 2025 With

IA No.: CAN 2 of 2025

Pami Shaw Vs.

The State of West Bengal & Ors.

For the Appellant : Mr. Mahammad Mahmud, Advocate

For the Respondent nos.5 to 8: Mr. Soumya Banerjee, Advocate Ms. Sucheta Banerjee, Advocate

Hearing & Judgment on : July 22, 2025

DEBANGSU BASAK, J.:-

IA No.: CAN 1 of 2025 is an application for condonation of delay.

Considering the averments made in the application and the nature of delay, we deem it appropriate to condone the delay in making and filing the appeal.

IA No.: CAN 1 of 2025 is allowed.

IA No.: CAN 2 of 2025 is an application seeking appropriate orders in the present appeal.

2 MAT 764 of 2025

Appeal is directed against an order dated January 15, 2025 passed in WPA 22896 of 2024.

By the impugned order, learned Single Judge dismissed the writ petition filed by the appellant.

Appellant seeks electricity connection in respect of an immovable property. Appellant claims to be the purchaser of such immovable property. Appellant claims that, there is an electric meter board at the premises concerned.

Learned Single Judge noted that, the appellant before us sought new electricity connection. Learned Single Judge also noted that, there was an earlier writ petition which directed the CESC Limited to hold inspection and to ascertain the feasibility of grant of electricity connection to the appellant. Learned Single Judge also noted that, the electricity connection cannot be granted till such time a meter board was constructed where the new meter was to be installed. Moreover, the completion certificate is yet to be issued by the competent authority.

Before us, there is no material placed to suggest, let alone establish that, the completion certificate of the flat that the appellant claims to be the purchaser of, was issued by the competent authority.

In respect of a building which is under construction and in respect of which completion certificate is yet to be issued, we are not in a position

to direct electricity supply to be granted in order to facilitate the

3

MAT 764 of 2025

occupation of such immovable property. Such a direction will be contrary to the provisions of the statute requiring a completion certificate for a valid occupation.

In such circumstances, we find no ground to interfere with the order impugned in the present appeal.

MAT 764 of 2025 and IA No.: CAN 2 of 2025 are disposed of without

any order as to costs.

(Debangsu Basak, J.)

I agree.

(AD)

(Md. Shabbar Rashidi, J.)