Pali Ghosh v. The Cesc Limited And ORS

15th February, (AK) W.P.A 2231 of 2022 Pali Ghosh Vs.

The CESC Limited and others (Via Video Conference) Mr. Sanjib Seth ...for the petitioner.

Mr. Debanjan Mukherjee ...for CESC Limited.

Learned counsel for the petitioner contends that due to resistance put up by the respondent no.3, the CESC officials could not give electric connection to the petitioner.

Learned counsel for the CESC Limited submits that the matter was previously referred to the Grievance Redressal Officer and upon resolution of the dispute before the said GRO, the CESC officials conducted another inspection and, on being satisfied that the new connection can be given at present and in view of the petitioner having complied with all formalities, went to give such electricity connection to the petitioner. However, due to resistance created by the private respondent no.3, such connection could not be given. Despite service, the private respondent chooses to remain unrepresented.

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

WPA 2231 of 2022 is allowed, thereby directing the CESC Limited to give new electric connection to the petitioner, at the earliest, positively within a fortnight from date.

In the event any resistance is offered by the respondent no.3 and/or his men and agents, it will be open to the CESC personnel to approach the respondent no.5, that is, the Officer-in-Charge of the Golabari Police Station for adequate police assistance in such regard. If so approached, respondent no.5 shall immediately give adequate police assistance, at the cost of the petitioner.

It is made clear that the electric connection shall be given at the existing meter board position at the premises-in-question.

In the event any padlock is affixed to the access of the CESC personnel to the existing meter board position, the police personnel will be free to break open such padlock for the limited purpose of giving access to the CESC personnel for giving such electric connection to the petitioner.

The parties, as well as all concerned, shall act on the written communication of the learned Advocates for the parties, 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.)