The Calcutta High Court reaffirms that, where a consumer has undisputedly completed all required formalities, the distribution licensee must provide the electricity connection within a specified time, barring statutory or way-leave issues. This is binding on subordinate courts and serves as a precedent for summary writ disposal in service connection disputes under electricity law.
Summary
| Category | Data |
|---|---|
| Case Name | WPA/23641/2025 of BASAR SK. Vs WBSEDCL AND ANR. |
| CNR | WBCHCA0472152025 |
| Date of Registration | 25-09-2025 |
| Decision Date | 29-10-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | HON’BLE JUSTICE KAUSIK CHANDA |
| Court | Calcutta High Court |
| Bench | Single Bench |
| Precedent Value | Binding on subordinate courts, persuasive elsewhere |
| Type of Law | Electricity Law / Administrative Law |
| Questions of Law | Whether a distribution licensee is bound to provide an electricity connection after completion of all consumer formalities, absent contravention or unresolved way-leave issues. |
| Ratio Decidendi |
The Court held that when a petitioner completes all formalities required for obtaining an electricity connection, the Electricity Board (here, WBSEDCL) is duty bound to provide such connection within a reasonable period, except where there are unresolved legal impediments or way-leave issues. The role of the distribution licensee is to act upon the consumer’s compliance and cannot withhold connection arbitrarily. In the present case, as all construction and formalities (meter room, boring) were complete and no immediate impediment was cited by the licensee, the Board was directed to process and provide connection within eight weeks, subject to any extant way-leave complications. Courts can grant such relief summarily in writ jurisdiction when no factual dispute persists. |
| Facts as Summarised by the Court |
The petitioner applied for an electricity connection to operate a submersible pump set, completed all required formalities (including building of a meter room and boring work), and no non-compliance was alleged. WBSEDCL stated it would inspect, and, if satisfied, provide the connection, subject to way-leave clearance, if relevant. The Court disposed the petition by instructing timely connection subject to continued compliance. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in West Bengal |
| Persuasive For | Other High Courts, utility regulators, and distribution companies countrywide |
What’s New / What Lawyers Should Note
- Clarifies that an electricity distribution licensee must provide connection promptly once the consumer has completed all statutory formalities, unless a legally valid impediment is identified.
- Reinforces that vague or speculative issues (like possible way-leave complications) cannot be grounds for indefinite delay in service connection.
- Confirms writ courts’ readiness to issue mandatory directions for service connections in clear cases of compliance without requiring protracted litigation.
- Lawyers may use this as precedent in petitions seeking electricity connections where the consumer’s compliance is not in dispute.
Summary of Legal Reasoning
- The Court reviewed the representations and the company’s written submissions.
- It was undisputed that the petitioner had completed all necessary steps: construction of a meter room, completion of boring, and fulfilment of any other requirements.
- The WBSEDCL did not dispute completion of formalities but sought to reserve inspection and reference to possible way-leave issues.
- The Court held that if, upon inspection, all formalities are found complete, the distribution licensee cannot withhold connection—except where objective statutory or physical (way-leave) issues persist.
- Therefore, direction was issued to provide connection within a definitive period, subject to the petitioner maintaining compliance.
- The Court recognized the summary nature of relief in administrative law where facts are clear and compliance is uncontested.
Arguments by the Parties
Petitioner
- Has completed all required formalities (construction of meter room, boring, etc.) for an electricity connection for a submersible pump.
- Sought a direction to the Board to provide the electricity connection.
Respondent (WBSEDCL)
- Acknowledged forms and formalities completed by the petitioner.
- Sought to conduct a further site inspection.
- Stated willingness to provide connection if formalities are found complete, subject to any unresolved way-leave issues.
Factual Background
The petitioner applied to WBSEDCL for an electricity connection to operate a submersible pump. In preparation, the petitioner constructed the requisite meter room and completed boring work as per the requirements for a new connection. No legal or regulatory non-compliance was alleged by the utility. The only caveat raised by WBSEDCL was the possibility of way-leave issues, but no specifics were cited. The writ petition was thus filed to secure a direction for timely service connection.
Statutory Analysis
- The judgment proceeds on the assumed statutory duties of electricity distribution licensees to provide supply upon the consumer’s compliance with relevant formalities.
- The only statutory qualification recognized was the possibility of way-leave disputes, which may legally delay the connection.
- The Court did not cite or interpret specific provisions but enforced the general principle that statutory formalities, once satisfied, bind the licensee to provide connection.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
None mentioned in the judgment.
Alert Indicators
- ✔ Precedent Followed – The decision reiterates and applies the settled principle that a distribution licensee must grant connection once a consumer satisfies all requirements, absent specified legal impediments.