Kakali Das vs West Bengal State Electricity Distribution Company Ltd. & Ors.

Despite service, private respondents have not appeared on any of the previous occasions when the matter was called on. This case involves a failure

on the part of the distribution licensee to effect supply of electricity for domestic purposes to a transferee of part of a house (rear portion).

The front portion has been sold to those arrayed as the respondent nos. 4 to 6 in the writ petition. Some other tenants/occupants of the front portion

have been objecting to the writ petitioner getting separate electricity connection in her name. What objection is, has not been communicated to the writ

petitioner.

Despite service and the affidavit of service, which are already on record, the other non-State respondents have failed to appear on July 20, 2017 till

today. It does not appear therefore, that they have anything cogent to submit in support of their unspecified objections. The right to electricity, an

essential utility, is so much a part of civilisation that it can rightly be held to form a part of life and/or to the right to live with dignity.

The respondent/distribution licensee, while discharging the public and statutory functions of supply of such essential utility therefore, acts as “State

within the meaning of Article 12 of the Constitution of India†and “person or authority†for the purposes of Article 226 of the Constitution of

India. Accordingly, it can neither deprive the writ petitioner of such essential utility nor by its inaction deprive her of its use without following the

procedure established by law and/or due process, even indirectly by relying upon vague and unspecified objections. Mr. Kundu, learned advocate for

the distribution licensee, submits that the private respondents are creating obstructions. Hence, it has not been possible for them to effect supply of

electricity.

As, I have held before, the private respondents cannot by their failure to appear hold legal process to ransom and negate the rights of the petitioner

granted under Part III of the Constitution of India as also Section 43 of the Electricity Act, 2003. Therefore, there is no reason to keep the writ petition

pending any further. In order to give effect to the right of the writ petitioner under Article 21 of the Constitution of India read with Section 43 of the

Electricity Act, 2003.

The respondent nos. 1 to 3, particularly the respondent no.3, are directed to take steps to effect new electric connection to the petitioner at her

premises, as described in the Deed of Sale dated February 7, 2013, as in “Annexure P-1†to the writ petition within a period of fortnight from the

date of the writ petitioner communicating a copy of this order to the said respondent no.3 and completion of all the formalities and requirements for

such connection and deposit of all such fees, charges and costs, whichever is the later date along with police assistance to be provided by the Officer-

in-charge (respondent no.8) with such number of armed police at the cost of the writ petitioner on her request as is deemed necessary.Â

In case, there is any difficulty the writ petitioner shall apply to the Superintendent of Police, Hooghly, who shall accord all assistance, on payment of

costs and charges. The writ petition is disposed of with no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the

parties.