Calcutta High Court upholds parity in utility connections—directs WBSEDCL to supply electricity upon documentary proof
Summary
| Category | Data |
|---|---|
| Case Name | WPA/17986/2025 of TARUN KUMAR MONDAL Vs WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED AND ORS. |
| CNR | WBCHCA0365482025 |
| Date of Registration | 05-08-2025 |
| Decision Date | 25-08-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | HON’BLE JUSTICE KAUSIK CHANDA |
| Court | Calcutta High Court |
| Bench | Single Judge Bench |
| Questions of Law | Whether the respondent can withhold electricity connection for non-specification of flat number when the petitioner stands on the same footing as other flat owners granted connection under court directions. |
| Ratio Decidendi | The petitioner stood on the same footing as other flat owners who were granted electricity connections. The sole reason for withholding the connection was non-specification of the flat number. The possession letter submitted by the petitioner clearly identified the unit as Flat No. S-3 on the second floor. In light of the parity principle and valid possession document, WBSEDCL was directed to provide the connection within three weeks subject to compliance with formalities. |
| Logic / Jurisprudence / Authorities Relied Upon | Parity with earlier writ petitions and documentary proof in the possession letter. |
| Facts as Summarised by the Court | All other flat owners had been granted electricity connections under earlier directions. The petitioner failed to specify his flat number. The possession letter identified the petitioner’s flat as S-3 on the second floor. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | WBSEDCL |
What’s New / What Lawyers Should Note
- Absent a specified unit number alone, a utility provider cannot deny service if a valid possession letter identifies the property.
- High Court will enforce parity where identical relief has been granted to similarly situated applicants.
- Writ jurisdiction under Article 226 can secure essential utility connections subject to routine formalities.
Summary of Legal Reasoning
- The court noted three earlier writ petitions (WPA Nos. 83/2023, 86/2023, 20201/2023) directing WBSEDCL to supply electricity to all other flat owners in the same building.
- It accepted the petitioner’s submission that he was in identical circumstances but had failed to specify his flat number.
- Examination of the possession letter (page 40) revealed the flat as “S-3” on the second floor.
- In view of parity and valid documentary proof, WBSEDCL was directed to provide the connection within three weeks, subject to standard compliance.
Arguments by the Parties
Petitioner
- Stood on the same footing as other flat owners who had received connections.
- Possession letter clearly identified his flat.
Respondent (WBSEDCL)
- Refused connection because the flat number was not specified by the petitioner.
Factual Background
The petitioner obtained a possession letter from the promoter for Flat No. S-3 on the second floor and applied for an electricity connection. Other flat owners in the same building had already been granted connections pursuant to earlier High Court directions. WBSEDCL declined the petitioner’s request on the ground that he had not specified his flat number. The petitioner produced the possession letter showing the unit’s identity, leading to this writ petition under Article 226.
Alert Indicators
- ✔ Precedent Followed — upholds and applies parity with earlier court-directed connections.