Md. Samim Laskar v. Cesc Limited And ORS.
11.04.2025 Ct. No.15 Sl. No.16 akd W. P. A. 1934 of 2025 [Md. Samim Laskar -Vs- CESC Ltd. & Ors.] Mr. Indranil Halder ... ... for the petitioner Mr. Rahul Karmakar Mr. Sourav Guchhait ... for respondent no. 4 Mr. Somnath Bose ... for the CESC Ltd.
On an earlier occasion, by filing WPA 8406 of 2024 (Md. Samim Laskar vs. CESC Limited & Ors.), the petitioner approached this Court seeking an electricity connection at his premises. The said writ petition was disposed of by a Coordinate Bench of this Court with the following directions: "It is the specific contention of the petitioner that the existing meter board position is on the corporation's road and no one can resist the petitioner from taking connection from the said common meter board position. All these aspects have to be looked into by the CESC authorities and the connection should be granted within four months from the date of communication of this order, if the contentions of the petitioner is found to be correct.
Necessary inspection shall be made in presence of the parties. The CESC authorities may also approach the local police authorities for necessary assistance."
In compliance with the order dated June 28, 2024, Calcutta Electricity Supply Corporation Limited (CESC) conducted an inspection and thereafter issued the following communication to the petitioner:
"Pursuant to the solemn order dated 28th June, 2024 passed by the Hon'ble Justice Shampa Sarkar in the aforesaid matter, we carried out an inspection at site on 24th July, 2024 in your presence and in presence of Mr. Ibrahim Laskar. During inspection, we found that you are residing at far away from the existing meter board. You are asking for installation of a meter at the private respondent's property. Private respondent has strong objection against installation of meter at his premises i.e. V-246/2, Kankhuly Road, Kolkata 700018. Since you are residing far away from the private respondent's premises, it is technically not suitable to install meter thereat.
Hence, you are requested to apply for new service connection and a new meter at your occupied portion at premises no.V-246, Kankhuly Road, Kolkata 700018 so that we can provide you a new service connection at the earliest. Earlier you had applied for a loop metered supply at premises no. V-244, Kankhuly Road, Kolkata 700018.
Since, it will not prudent to install your meter to other's house, you are requested to apply for refund of paid amount of Rs.2024.00 upon submitting the original paid bill.
Upon necessary compliances and payment of charges we shall provide you a new service connection at your occupied portion."
Learned counsel appearing on behalf of the petitioner, however, submits that the electricity connection should be provided at the petitioner's premises based on the earlier application submitted by him and that the connection should be effected from the existing meter board.
Upon consideration, the communication dated September 17, 2024, appears to be reasonable and justified. The petitioner cannot insist on the installation of a meter at a premises where he does not reside.
It is submitted on behalf of respondent no. 4 that he has no objection to the electricity connection being effected in
accordance with the terms of the communication dated September 17, 2024.
In view of the above, this writ petition is disposed of with liberty granted to the petitioner to comply with the said communication within a period of one month from the date of this order. Calcutta Electricity Supply Corporation Limited shall be at liberty to issue the requisite quotation in terms of the communication dated September 17, 2024, and shall proceed to provide the connection, subject to the petitioner's compliance with all necessary formalities.
Accordingly, WPA 1934 of 2025 stands disposed of. Let urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Kausik Chanda, J.)