Khagesh Sharma v. Cesc Limited And ANR.

D/L. 22.

April 3, 2024.

MNS.

WPA No. 7152 of 2024 Khagesh Sharma Vs.

CESC Limited and another Mr. Bidyut Kumar Halder, Mr. Indranil Halder, Ms. Neha Singh ... for the petitioner.

Mr. Shoham Sanyal ...for the CESC Limited.

1. The petitioner argues that the petitioner applied for electricity connection, but the same was not given by the CESC Limited for reasons unknown to the petitioner.

2. Learned counsel for the CESC Limited submits that a notice was given to the petitioner, upon consideration of the application of the petitioner and after holding inspection, to the effect that the CESC Limited apprehends consequential splitting of consumption of units if a new connection is given at the premises, since the premises are already enjoying the benefit of existing supply and it is extremely dangerous to have more than one source of supply.

3. As the parameters of the dispute raised by the CESC Limited falls within the purview of adjudication of the Grievance Redressal

Officer (GRO) under the Regulations framed by the West Bengal Electricity Regulatory Commission (WBERC), it would only be appropriate if the jurisdiction of such forum is not usurped by this court but the matter is referred to such authority.

4. Accordingly, WPA No. 7152 of 2024 is disposed of by granting liberty to the petitioner to approach the concerned GRO having jurisdiction with the dispute as raised in the writ petition.

5. If so approached, the GRO shall decide the same in accordance with law upon giving an opportunity of hearing to all concerned, preferably within six weeks from the approach being made by the petitioner to the GRO.

6. A copy of the communication handed over by learned counsel for the CESC Limited in Court today be kept on record.

7. There will be no order as to costs.

8. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.)