Kalpana Sen v. Cesc Limited

11.02.2022.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 5294 of 2021 (Via video conference) Kalpana Sen -vs.- Calcutta Electric Supply Corporation Limited & Ors.

Mr. Tapas Sinha, Mr. Arunava Pati, Mr. S.C. Dhara ...for the petitioner Ms. Sumouli Sarkar ...for the WBSEDCL Affidavit-in-reply filed in Court today be kept on record.

Learned counsel for the petitioner contends that, despite having applied for a new electric connection, the CESC Limited is shying away from giving such connection to the petitioner.

Learned counsel for the CESC Limited submits that when the CESC personnel approached the premises for holding an inspection for the purpose of giving connection to the petitioner, people of the locality offered resistance to the CESC personnel in holding such inspection. Learned

counsel further submits that the petitioner wants a fresh service connection, which is not possible at the premises in view of a preexisting similar connection. However, learned counsel for the CESC Limited submits that there is no difficulty for the CESC Limited to give a new electric meter connection to the petitioner from the existing meter board position at the premises, subject to the petitioner furnishing, at the time of inspection, all requisite documents and complying with all requisite formalities therefor.

Since a specific stand has been taken by the CESC Limited that it is feasible to give a new electric metered connection to the petitioner at the premises-in-question from the existing meter board location at the premises, there is no question of there arising any other impediment in giving such connection, subject to compliance of all formalities.

Accordingly, W.P.A. No. 5294 of 2021 is disposed of by directing the CESC Limited to hold an inspection for the purpose of giving new electric meter connection to the petitioner in terms of the petitioner's application. Such

inspection shall be held within a week from date.

At the time of inspection, the petitioner shall furnish extra copies of all documents regarding the petitioner's occupation/title in respect of the property, even if those documents were submitted previously, to the CESC personnel, for the CESC personnel to hold such inspection.

Subject to such inspection, the CESC Limited shall give electric connection to the petitioner, subject to compliance of all requisite formalities, including deposit of all costs, at the premises, within a fortnight from such compliance of formalities by the petitioner.

In the event any hindrance is faced by the CESC personnel in holding inspection and giving such connection, the said personnel will be at liberty to approach the nearest police station.

If so approached, the Officer-inCharge/Inspector-in-Charge of the local police station shall immediately give adequate police assistance to the CESC personnel in that regard, at the cost of the petitioner.

If necessary, the police personnel will be at liberty to break open any padlock, if affixed

to the access of the existing meter board position, for holding such inspection and giving electric connection to 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.)