Calcutta High Court clarifies that upon a petitioner’s compliance with all procedural and statutory requirements for an electricity connection, including site preparation, the distribution authority must provide a connection within a fixed timeframe, subject to inspection and resolution of way-leave issues. The ruling affirms and operationalises existing procedural standards for electricity supply; it is a binding precedent within the jurisdiction for applicants and distribution companies.
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 Judge Bench (Justice Kausik Chanda) |
| Precedent Value | Binding within Calcutta High Court’s jurisdiction |
| Type of Law | Electricity Supply Law; Administrative Law |
| Questions of Law |
|
| Ratio Decidendi |
The High Court held that once an applicant completes all necessary formalities, including the construction of a meter room and boring work, and where no unresolved way-leave issue exists, the electricity distribution company is obligated to supply a connection. The company must inspect and verify compliance, but absent contrary findings, supply must be given within eight weeks. The authority’s duty is subject to statutory procedure and bona fide technical/practical constraints (such as way-leave problems where applicable). The right to supply flows from statutory and regulatory norms, not administrative discretion. The judgment disposes the writ petition with a specific direction and timeframe. |
| Facts as Summarised by the Court |
Petitioner sought an electricity connection for operating a submersible pump set. The petitioner had carried out all formalities, including constructing a meter room and completing boring work. WBSEDCL agreed to inspect the site and extend supply subject to compliance and possible way-leave issues. The order directs WBSEDCL to provide supply within eight weeks if all requirements are met. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts and authorities within the Calcutta High Court’s territorial jurisdiction; binding precedent for similar writ petitions concerning electricity supply. |
| Persuasive For | Electricity authorities and applicants in other High Courts facing analogous facts and procedural compliance questions. |
What’s New / What Lawyers Should Note
- The Court set a clear practical timeframe (eight weeks) within which the electricity distribution company must provide supply after compliance with all formalities.
- Confirms that inspection for compliance does not grant an open-ended discretion to withhold supply; reasons for delay must relate only to statutory constraints (e.g., way-leave issues).
- Offers a straightforward template for writ relief in future cases involving procedural completion for utility services.
- Lawyers can cite this order when distribution companies unduly delay connections despite fulfillment of conditions.
Summary of Legal Reasoning
- The petitioner demonstrated compliance with all procedural and technical requirements — including meter room construction and boring for the submersible pump set.
- WBSEDCL, through counsel, accepted the need to inspect, and did not dispute the general entitlement, but flagged potential way-leave issues.
- The Court directed a prompt inspection, clarifying that if no contravention or unresolved issue is found, supply must ensue within eight weeks.
- Judicial supervision was considered justified due to the administrative nature of the obligation and repeated delays in similar instances.
- The guiding principle is that statutory compliance by the applicant removes grounds for administrative delay in public utility access, subject only to bona fide technical or legal obstacles.
Arguments by the Parties
Petitioner
- All necessary formalities for the electricity connection were complete, including meter room construction and boring work.
- Sought a writ direction for the prompt grant of connection for operating a submersible pump set.
Respondent (WBSEDCL)
- Confirmed the obligation to supply upon due compliance.
- Requested opportunity to inspect the site, and clarified that connection would be granted if all requirements were met and no way-leave issues were outstanding.
Factual Background
The petitioner sought an electricity connection for operating a submersible pump set. He completed all requisite formalities as required by the distribution company, including the construction of a meter room and completion of required boring work. WBSEDCL did not object to the right of supply but requested to verify compliance by site inspection, indicating that provision of supply would be subject to the absence of way-leave problems.
Statutory Analysis
- The judgment refers to compliance with statutory and company-prescribed formalities for grant of electricity connection.
- The role of site inspection is acknowledged as a statutory safeguard to ensure actual compliance and physical feasibility.
- No specific statutory sections are cited or interpreted in the text of the judgment.
Procedural Innovations
- The Court set a specific outer timeline (eight weeks) for compliance by the distribution company after verification.
- No new guidelines or procedural changes beyond the direction for a time-bound inspection and supply.
Alert Indicators
- ✔ Precedent Followed – Court affirms existing principles regarding public utility access upon procedural compliance and grants relief in line with established law.