Smt Sandhya Dutta v. The C.E.S.C. Ltd And ORS

AD-16 Ct No.09 19.01.2023 TN WPA No. 942 of 2023 Smt. Sandhya Dutta Vs.

The Calcutta Electric Supply Corporation Ltd. and others Ms. Sushmita Kumari Singh, Mr. Amit Chowdhury .... for the petitioner Mr. Debanjan Mukherji .... for the CESC Limited Mr. Somsubra Ganguly, Mr. Abhishek Chakraborty .... for the respondent no.4 Learned counsel for the petitioner and learned counsel for the private respondent are ad idem on the issue that civil disputes are pending between the said parties with regard to the property-in-dispute. The petitioner alleges that the private respondent, as a fall-out of such dispute, disconnected the electricity supply which was being enjoyed by the petitioner, for which the petitioner has applied for a new electricity connection and has deposited the amount quoted by the Calcutta Electric Supply Corporation Ltd. (CESC Limited). However, due to obstruction raised by the private respondent no.4, the said connection cannot be given.

Learned counsel for the private respondent no.4, however, specifically controverts such allegations and submits, on instruction, that the private respondent no.4 is an octogenarian and has no intention to obstruct such electricity connection being given to the petitioner. However, it is reiterated that civil disputes are going on between the petitioner and the private respondent.

Learned counsel for the CESC Limited submits, on instruction, that the CESC Limited is otherwise willing to give electricity connection to the petitioner at the existing meter board position, subject to compliance of all formalities.

Accordingly, WPA No. 942 of 2023 is disposed of by directing the CESC Limited to give a new electricity connection to the petitioner as expeditiously as possible, positively within two weeks from the date of compliance of all formalities or from this date, whichever is later, upon the compliance of all formalities by the petitioner.

In the event any obstruction is raised by the private respondent and/or his men and agents, it will be open to the CESC personnel to approach respondent no.3 herein, Inspector-in-Charge of the Malipanchghora Police Station, who will grant such

assistance as required at the cost of the petitioner by acting on a server copy of this order.

It is made clear that the civil disputes between the parties have not been entered into on merits by this court in any manner whatsoever.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)