Feroz Ali And ORS. v. State Of West Bengal And ORS.

9th April, (AK) W.P.A 5054 of 2024 Feroz Ali and others Vs.

The State of West Bengal and others Mr. Sunny Nandy Mr. Subha Pathak ...for the petitioners.

Mr. Suman Ghosh ...for the CESC Limited.

1.

Despite service, none appears for the private respondents.

2.

Affidavit-of-service filed in court today be kept on record.

3.

The petitioners applied for a new electricity metered connection.

4.

Although the petitioners submit that they have complied with formalities, no electricity connection has yet been given by the CESC Limited.

5.

It is pointed out that the CESC Limited gave an objection in writing on December 29, 2023 indicating their inability to accede to the request of the petitioners to install a separate service in the portion of the premise under the occupation of the petitioners.

6.

Learned counsel for the CESC Limited submits that irrespective of the said communication, the CESC

Limited is willing to give independent metered connection to all the petitioners subject to compliance with formalities by petitioner no.7 who is the only one of the petitioners who has not yet complied with the formalities.

7.

Further, such connection can be given from the existing common service position.

8.

It is also contended by learned counsel for the CESC Limited that the respondent no.5 is creating obstruction and as such police help is required to give such connection.

9.

WPA 5054 of 2024 is, accordingly, disposed of by directing the CESC Limited to give electricity connections to the petitioner nos.1 to 6 within a fortnight from date and to petitioner no.7 within a fortnight from compliance of all formalities by the said petitioner.

10. Such connection will be by way of independent metered connections to be given from the existing common service position at the subject premises.

11. In the event any obstruction is raised by the private respondent no.5 and/or his men and agents, the CESC personnel shall be at liberty to approach respondent no.4, the Officer-in-Charge of the South Port Police Station, who will act on a server copy of this order at the cost of the petitioner and grant such assistance, if necessary removing any padlock

or other hindrance which may be put up to resist the CESC personnel.

12. There will be no order as to costs.

13. Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)