Soubhagya Nahata v. Cesc Limited And ANR

02.03.2022.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 3444 of 2022 (Via video conference) Soubhagya Nahata -vs.- CESC Limited & Anr.

Mr. Indranil Halder ...for the petitioner Mr. Debanjan Mukherjee ...for the CESC Limited The grievance of the petitioner is that the CESC Limited is refusing to give a new electric connection to the petitioner at the petitioner's separate flat, on the ground of apprehended splitting of load.

Learned counsel appearing for the CESC Limited agrees to such contention and further submits that since the new electricity connection, if given to the petitioner, will result in splitting of load, the connection cannot be given.

In view of the extant regulations of the West Bengal Electricity Regulatory Commission (WBERC), which stipulate the concerned Grievance Redressal Officer as the relevant authority for deciding such disputes

regarding splitting of load, W.P.A. No. 3444 of 2022 is disposed of by granting liberty to the petitioner to approach the concerned Grievance Redressal Officer with the dispute as raised by the CESC Limited within a week from date.

If so approached, the said Grievance Redressal Officer shall decide such dispute upon giving appropriate opportunity of hearing to the interested parties, including the writ petitioner and the CESC Limited, in accordance with law, preferably within five weeks from the date of such reference by the petitioner.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)