Md. Azimuddin v. Cesc Limited & ANR

21.12.2020 IN THE HIGH COURT AT CALCUTTA Sl.No.08 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 1785 of 2020 Md. Azimuddin Vs.

Calcutta Electric Supply Company Ltd. & Anr.

Mr. Bidyut Kr. Halder, Mr. Indranil Halder ....for the petitioner.

Mr. Debanjan Mukherjee ....for CESC Ltd.

Pursuant to the order dated 10th December, 2020 CESC Limited has filed a report dated 19th December, 2020 through the District Engineer, Calcutta South District. The said report is taken on record and a copy thereof is made over to the petitioner in course of hearing by the advocate for CESC Limited.

On a perusal of the said report, it appears that there are 23 meters installed in the meter board at the premises-in-question. The said meter board is located under the staircase of the said building. There is virtually no position for installing a new meter. Photographs showing the condition of the meter board has been also placed by CESC Limited. CESC Limited has suggested if the petitioner is able to arrange for an extended meter board on the right hand wall adjacent to the existing meter board, a meter can be installed on the said extended meter board for effective supply to the petitioner.

The petitioner shall make all arrangements for an extended meter board by affixing a ply-board panel on the right hand wall adjacent to the existing meter board as suggested by CESC Limited. The petitioner, upon making such arrangement, shall inform CESC Limited in writing about the said arrangement. CESC Limited shall, within 48 hours from the date of intimation, make an inspection of the extended meter board and within 48 hours from the inspection shall give a new connection to the petitioner by installing a new meter subject to the petitioner making payment of costs and expenses and complying with statutory requirements.

It is made clear that the petitioner has to make the arrangement for extended meter board as early as possible but within a period of one month from date for the purpose of getting electricity. After expiry of one month, CESC Limited shall neither be liable to inspect nor for giving a new connection to the petitioner by installing a new meter. The installation of the new meter or grant of new connection shall not create any right in respect the premises-in-question or any part or portion thereof in favour of the petitioner nor shall the same abridge or extinguish any right, already in existence in favour of the petitioner.

Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Arindam Mukherjee, J.)