Tinku Choudhury & Anr vs Smt. Namita Sarkar & Ors on 21 May, 2026

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    Calcutta High Court (Appellete Side)

    Tinku Choudhury & Anr vs Smt. Namita Sarkar & Ors on 21 May, 2026

    21.05.2026
    Ct. No.6
    Sl. No.18
        skg
                                    C.O. 767 of 2026
    
                                 Tinku Choudhury & Anr.
                                          Vs.
                                Smt. Namita Sarkar & Ors.
    
                       Mr. Debjit Mukherjee,
                       Mr. Kaustav Bhattacharya,
                       Ms. Priyanka Jana,
                       Ms. Shruti Ararwal,
    
                                                       ...for the Petitioners
                       Mr. Supriyo Chottopadhyay,
                       Mr. Deborsi Chatterjee,
    
                                                ...for the opposite party no.1
    
                       Mr. Shibojyoti Chakraborty,
                       Ms. Riya Ghosh,
                       Ms. Debolina Ghosh,
                                         ...for the Howrah Zilla Parisad
    
    
                 1.

    Affidavit of service filed in Court today is taken on

    record.

    SPONSORED

    2. This revisional application is directed against an order

    dated January 20, 2026 passed by the learned Civil

    Judge (Jr. Div.) 6th Court at Howrah in Title Suit no.

    1545 of 2023 whereby the petitioners’ application under

    Section 151 of the Code of Civil Procedure, 1908 seeking

    electricity connection at the suit premises, has been

    rejected.

    3. The opposite party no. 1 has instituted Title Suit no.

    1545 of 2023 praying, inter alia, for a decree of

    declaration of title as well as the permanent injunction.

    In the said suit, the petitioners have been arrayed as

    defendants along with others.

    2

    4. The petitioners filed an application under Section 151 of

    the Code of Civil Procedure praying for liberty to take

    new electricity connection from WBSEDCL at the

    property mentioned in ‘A’ schedule of the plaint.

    5. Such application has been rejected by the learned Trial

    Court. Feeling aggrieved thereby the petitioners have

    approached this Court by filing the present revisional

    application. Learned Advocate appearing for the

    petitioners submits that the learned Trial Court has

    failed to exercise jurisdiction vested in it by dismissing

    the petitioners’ application on the ground that there is

    an order of status quo in respect of ‘A’ and ‘B’ schedule

    property of the plaint, that there is no specific schedule

    or description of the property in respect whereof the

    defendants intended to take electricity supply and that

    project completion certificate as well as occupiers

    certificate had not been produced before the learned

    Trial Court.

    6. The learned Advocate appearing for the opposite party

    no.1 submits that the petitioners have raised

    construction in violation of the order dated October 9,

    2023 passed by the learned Trial Court in Title Suit no.

    1545 of 2023 whereby the parties were inter alia,

    directed to maintain status quo in respect of ‘A’ and ‘B’

    schedule properties as regards measurement, character

    and nature thereof.

    3

    7. It is submitted that the construction done by the

    petitioner is unauthorized and as such the learned Trial

    Court was justified in refusing to grant the petitioners’

    prayer for electricity supply.

    8. Heard the learned Advocates appearing for the respective

    parties and considered the material on record. It is now

    well settled that an order of status quo, of the nature

    passed by the learned Trial Court, would not be a

    ground for withholding on declining electricity supply to

    a party. However, since the learned Trial Court was in

    doubt as regards the completion of the construction or

    as regards the legality and validity thereof it was open to

    the learned Trial Court to call for a report in such regard

    from the Howrah Zilla Parisad which has been arrayed

    as defendant no. 7 in the suit.

    9. Such exercise has not been carried out by the learned

    trial Court and the learned Trial Court has simply

    dismissed the petitioners’ application under Section 151

    of the Code of Civil Procedure. On such score alone, the

    order impugned is set aside.

    10. The matter is remitted back to the learned Trial Court

    for a fresh decision on merits. The learned Trial Court

    shall pass appropriate order upon considering the

    application on merits and upon calling for appropriate

    report from the defendant no.7 as regards the
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    construction in terms of the sanction plan etc. if

    necessary.

    11. It is made clear that this Court has not gone into the

    merits of the respective cases of the parties and all

    points are left open to be decided by the learned trial

    Court in accordance with law.

    12. Since the petition relates to essential supply of

    electricity, therefore the learned Trial Court is requested

    to expedite hearing of the application and dispose of the

    same as expeditiously as possible and preferably within

    a period of one month from the next date fixed.

    13. With the above observation the present revisional

    application being C.O. 767 of 2026 stands disposed of.

    There shall be no order as to costs.

    14. Urgent photostat certified copy of this order, if applied

    for, be supplied to the parties subject to compliance with

    all requisite formalities.

    (Om Narayan Rai, J.)



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