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

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

What the court decided

AI extract

Outcome

Direction permitting the petitioner to take electric connection from the main switch of the meter installed by WBSEDCL with the help of an electrician; the private respondent restrained from obstructing; failing which, the concerned police station to provide police protection, including breaking open any lock in the presence of police and fitting a new lock whose key is handed to the private respondent.

Issue for consideration

Whether the respondents should be directed to provide the petitioner an electric connection at his premises, where the meter has been installed but the private respondent prevents him from taking the connection from the main switch kept under lock and key.

Court's answer

The writ petition can be disposed of by allowing the petitioner to take electric connection from the main switch, with the help of an electrician, from the meter provided by the West Bengal State Electricity Distribution Company Limited, and the private respondent is restrained from preventing the petitioner from taking the electric connection from the main switch which was kept under lock and key.

Ratio / Principle

If the private respondent does not allow the petitioner to take the electric connection from the main switch, the petitioner shall approach the concerned police station and the police authority shall provide appropriate police protection to the petitioner for taking the electric connection from the main switch to the meter provided in the premises.

Key takeaways

If there is any lock on the main switch which the private respondent refuses to open, the petitioner, in the presence of police personnel, may break open the lock solely for the purpose of taking the electric connection from the main switch, and thereafter shall put a new lock and key and hand it over to the private respondent.ratio¶¶19

Detailed headnote1 paragraphs

Writ petition (WPA 22421 of 2025, Krishna Rao, J., decided 03.11.2025) disposed of. The petitioner, owner of premises no. 33/13, Ghola Road, Priya Enclave, Ward No. 33, Kolkata – 700083, sought a direction for an electric connection. WBSEDCL had issued a work order to Ghosh Electric, which installed the energy meter on July 17, 2025, but the private respondent (who did not appear despite notice) prevented the petitioner from taking the connection from the main switch kept under lock and key. The Court allowed the petitioner to take the connection from the main switch with an electrician's help from the installed meter, restrained the private respondent from obstruction, and directed that on continued obstruction the concerned police station shall provide police protection; the petitioner may break open the lock in the presence of police solely to take the connection and thereafter fit a new lock and hand the key to the private respondent. The authority had relied on Regulation 14 Sub-Regulation 7.2, under which the service line between the main switch and the meter is owned and maintained by the consumer.

S/L 1 03.11.2025 Court. No. 25 sourav

WPA 22421 of 2025

Partha Sarkar Vs.

The State of West Bengal & Ors.

Mr. Sanjib Seth

…for the petitioner.

Mr. Srijan Nayak Ms. Rituparna Maitra

… for W.B.S.E.D.C.L.

The petitioner has filed the present writ petition praying for a direction upon the respondents for providing electric connection in the premises of the petitioner. The petitioner has purchased the premises no. 33/13, Ghola Road, Priya Enclave, Holding No. 202, Ward No. 33, Kolkata – 700083. The petitioner has applied for grant of an electric connection.

The learned counsel appearing for the West Bengal State Electricity Distribution Company Limited submits that after receipt of the application from the petitioner, the Electricity Board has issued the work order to one Ghosh Electric for effecting new service connection with the energy meter and accordingly, the Ghosh Electric submitted a detailed report of installation of the energy meter at the premises of the petitioner on July 17, 2025 and installed the meter. 3. The West Bengal State Electricity Distribution Company Limited as well as the petitioner submits that though the electricity authorities have provided the electric meter but the private respondent has not been

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allowing to take the electric connection from the meter due to which the petitioner is not getting the electric connection.

The authority has relied upon Regulation 14 SubRegulation 7.2 which reads as follows:

“If the licensee installs meter at pole then the line from meter up to the main switch on the consumer’s part will be insulated properly and there will be no joint/junction box or bare part up to the main switch/cut out. The service line between the main switch the meter will be owned by the consumer and to be maintained by the consumer.”

The petitioner has sent the notice of the present writ petition to the private respondent but the private respondent failed to appear before this Court.

Considering the above, this Court finds that the writ petition can be disposed of by allowing the writ petitioner to take electric connection from the main switch with the help of the electrician in the meter provided by the West Bengal State Electricity Distribution Company Limited and the private respondent is restrained from restraining the petitioner to take electric connection from the main switch which was kept under lock and key.

It is further make it clear that if the private respondent is not allowing the petitioner to take the electric connection from the main switch, the petitioner shall approach the concerned police station and the police authority shall provide appropriate police protection to

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the petitioner for taking electric connection from the main switch to the meter provided in the premises of the petitioner. If the petitioner found that there is any lock in the main switch and private respondent is not opening the lock, the petitioner in presence of police personnel shall break open the lock only for the purpose of taking electric connection from main switch and thereafter he will put new lock and key and will be handed over to the private respondent.

With the aforementioned observations, the instant writ petition being WPA 22421 of 2025 is disposed of.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Krishna Rao, J.)