Malati Sardar v. Cesc Limited And Others

March 03, 2021 ARDR (27) WPA 1648 of 2021 Smt. Malati Sardar Vs.

CESC Ltd. & ors.

Mr. Arijit Roy, Mr. Chanchal Kumar Saha, ...for the petitioner.

Mr. Om Narayan Rai, Mr. Prashant Agarwal ...for the CESC.

Mr. Malay Bhattacharyya, Mr. Subhrajyoti Ghosh, ...for the respondent no.6.

Mr. Jahar Datta, Mr. Jaladhi Das, ...for the State.

The grievance of the petitioner is directed against refusal of the CESC Limited to provide fresh electric connection to the premises of the petitioner. The CESC is represented and submits that there are at least six or seven individuals who are objecting to the installation of a separate electric connection in favour of the petitioner on the ground that the electric meter has to go through their premises. It is also submitted that there is a civil Suit pending between the parties in respect of the said premises.

One of the private respondents is present.

I am of the view that there are highly disputed and complicated facts that arise in this petition. In such view of the matter, the concerned District Magistrate, South 24 Parganas be directed to

adjudicate upon the viability of providing a fresh electric connection to the premises of the petitioner. In carrying out such exercise the District Magistrate will give a hearing to all the effected parties including the private respondent.

The petitioner is given liberty to file a representation before the concerned District Magistrate within two weeks from date. If such representation is filed, the concerned District Magistrate will dispose of the same within six weeks thereafter after giving a right of hearing to all the parties and pass a reasoned order.

With the aforesaid directions, WPA 1648 of 2021 is disposed off. However there will be no order as to costs.

(Ravi Krishan Kapur, J.)