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

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

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: CESC to effect the electricity connection in favour of the petitioner within four weeks from date; CESC officials at liberty to seek police assistance from Haridevpur Police Station for implementation, the cost of such police assistance to be borne by the petitioner. CAN 1 of 2025 (restoration) allowed and the writ petition restored to its original file and number.

Issue for consideration

Whether respondent nos. 5 to 7 could object to CESC using the common passage to effect an electricity connection to the petitioner's residential premises, i.e., whether the petitioner is entitled to the electricity connection notwithstanding such obstruction.

Court's answer

Since the petitioner's possession of the residential building is not in dispute, respondent nos. 5 to 7 cannot prevent CESC from using the common passage to provide the electricity connection to the petitioner.

Ratio / Principle

The petitioner sufficiently explained his non-appearance on June 10, 2025; CAN 1 of 2025 is allowed and the writ petition is restored to its original file and number.

Detailed headnote1 paragraphs

Writ petition (WPA 10384 of 2025), disposed of: the petitioner, whose possession of a residential building at 282, Sodepur Brick Field Road, P.S. Haridevpur, Kolkata was not in dispute, sought a residential electricity connection from CESC. Respondent nos. 5 to 7, the petitioner's neighbours, objected to CESC using the common passage to effect the connection. Held, there was no justification for their stand and they cannot prevent CESC from using the common passage. CESC was directed to effect the connection within four weeks; its officials may seek police assistance from Haridevpur Police Station, the cost of which shall be borne by the petitioner. By the same order, CAN 1 of 2025 (application for restoration) was allowed, the petitioner having sufficiently explained his non-appearance on June 10, 2025, and the writ petition was restored to its original file and number.

01-08-2025 217 AKG WPA 10384 of 2025 With Ct. 15 CAN 1 of 2025 Sankar Sarkar Vs. The State of West Bengal & Ors.

Mr. Samiran Giri

…for the Petitioner

Mr. Angshuman Chakraborty, Mr. S. S. Saha

…for Private Respondents

Mr. Amitava Chaudhuri, Mr. N. Roy

…for CESC

In Re: CAN 1 of 2025

This is an application for restoration. Having considered the averments made in paragraph 3 of the application, I am of the view that the petitioner has sufficiently explained the reason for his non‑appearance on June 10, 2025.

Accordingly, CAN 1 of 2025 is allowed, and the writ petition is restored to its original file and number.

In Re: WPA 10384 of 2025

The petitioner seeks an electricity connection for residential use at 282, Sodepur Brick Field Road, P.S. Haridevpur, Kolkata – 700 082.

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Learned counsel appearing for the Calcutta Electricity Supply Corporation (CESC) submits that the connection in favour of the petitioner could not be effected due to obstruction caused by respondent nos. 5 to 7, who are the petitioner’s neighbours.

It appears that a common passage is required to be utilised by CESC for providing the electricity connection.

Learned counsel for respondent nos. 5 to 7 submits that the said common passage should not be used for the purpose of effecting the connection.

I find no justification in accepting the stand of respondent nos. 5 to 7. The petitioner’s possession of the residential building is not in dispute, and the said respondents cannot prevent CESC from using the common passage to provide the electricity connection to the petitioner.

Accordingly, this writ petition is disposed of with the following directions:

CESC shall effect the electricity connection in favour of the petitioner within a period of four weeks from date.

The officials of CESC shall be at liberty to seek police assistance from Haridevpur Police Station for the implementation of this order.

The cost of police assistance shall be borne by the

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petitioner.

Accordingly, WPA 10384 of 2025 stands disposed of.

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

(Kausik Chanda, J.)