Dhiraj Kumar Ram v. Cesc Limited And ORS.

jks 10.03.2025 WPA 3840 of 2025 Dhiraj Kumar Ram Vs.

CESC Limited & Ors.

Mr. Indranil Halder ... ... for the Petitioner Mr. Somnath Bose ... ... for the CESC Limited Affidavit of service filed today shall be kept with the record.

Even after service, no one appears for the private respondents.

Learned counsel appearing for the petitioner submits that the petitioner is a tenant in respect of the property but cannot obtain a new electricity connection due to obstruction created by the private respondents/landlords.

Even without going into the question on merits as to the status of the petitioner with regard to the property, the petitioner, as an occupant, is entitled under Section 43 of the Electricity Act, 2003 to receive electricity supply irrespective of any objection raised by the landlords/owners.

Accordingly, W.P.A. No. 3840 of 2025 is allowed, directing the CESC Limited to provide a new electricity connection to the petitioner at the premises-in-question, subject to compliance with all formalities by the petitioners, within a fortnight from such compliance.

If obstructed by the private respondents, the CESC personnel shall be at liberty to approach the respondent no. 3, that is, the Officer-in-Charge, Karaya Police Station, who shall provide adequate police assistance to the CESC personnel, at the petitioner's cost, acting on a server copy of the order.

If any padlock or other hindrance is put up by the private respondents to prevent the CESC personnel from carrying out their work, the police shall be at liberty to remove such padlock or hindrance to ensure access for the CESC personnel.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajarshi Bharadwaj, J.)