Nemain Samanta v. Calcutta Electricity Supply Corporation Ltd. & ORS

25.01.2021 sb Ct23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 2908 of 2020 Nemai Samanta Vs.

The Calcutta Electric Supply Corporation Limited & Ors.

Mr. Abdur Rakib ... For the petitioner.

Dr. Madhusudan Saha Roy ... For CESC Limited.

Affidavit of service affirmed on 22nd January, 2021 is taken on record.

Perusing the same, it appears that respondent no.4 (private respondent) has been served with a notice on 19th January, 2021, informing the private respondent that the matter will appear on 25th January, 2021.

The petitioner is seeking a new electric connection. Having not been granted the same, has filed this writ petition.

On behalf of CESC Limited, it is submitted that the CESC Limited was and still is ready and willing to grant new connection to the petitioner but due to steep resistance from the private respondent, the connection could not be given. CESC Limited further submits that on inspection it has been found that the petitioner is in settled possession of the

premises wherein the petitioner is seeking new electric connection.

Despite being served, the private respondent remains unrepresented. There is no point in adjourning the matter as reasonable opportunity has been given to the private respondent to present his case before this Court.

In the facts and circumstances as aforesaid, I direct the CESC Limited to grant a new electric connection to the petitioner within 8th February, 2021, subject to the petitioner making all payments, if not already made, and complying with other formalities.

The respondent no.3, being the Officer-inCharge, Mahestala Police Station, is directed to render all assistance to CESC Limited for executing the work to give new connection to the petitioner. The petitioner and the CESC Limited shall beforehand inform the respondent no.3 about the date and tentative time when CESC Limited shall be executing the work to give connection to the petitioner. Nothing further remains to be adjudicated in the writ petition and the same is accordingly disposed of without any order as to costs.

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

respondents.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon compliance with the necessary formalities.

(Arindam Mukherjee, J.)