Ashok Das v. C.E.S.C. Ltd. And ORS

15th February, (AK) W.P.A 2145 of 2022 Sri Ashok Das Vs.

CESC Limited and others (Via Video Conference) Mr. Siva Prasad Ghosh ...for the petitioner.

Mr. Jayanta Kumar Dhar ...for CESC Limited.

Despite service, none appears for the respondent no.5.

Affidavit-of-service filed in court today be kept on record.

The grievance of the petitioner is that, despite having applied for electricity connection, the CESC Limited is not being able to give such connection due to resistance created by the private respondent/landlord. Such stand is corroborated by learned counsel appearing for the CESC Limited.

Since the private respondent chooses not to appear despite service, WPA 2145 of 2022 is allowed, ex parte against the private respondent and on contest against the CESC Limited, thereby directing the CESC Limited to give a new electric meter connection to the petitioner, subject

to compliance of all requisite formalities by the petitioner, within a fortnight from date.

In the event any resistance is created by private respondent no.5 and/or her men and agents in the process, the CESC personnel will be at liberty to approach the Inspector-in-Charge of the Baranagar Police Station (respondent no.4).

Respondent no.4, if so approached, shall give adequate police assistance to the CESC personnel for the limited purpose of giving electricity connection to the petitioner, by breaking open any padlock, if affixed on the way to the access of the CESC personnel to the meter box location, at the cost of the petitioner.

The parties as well as all concerned shall act on the written communication of the learned Advocate for the petitioner, coupled with server copy of this order, without insisting upon prior production of a certified copy thereof. There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)