Manab Dey v. C.E.S.C. Ld & ORS

15th October, 2020 W.P.A. 4122 of 2020 With C.A.N. No.1 of 2020 (C.A.N. No. 4581 of 2020) AK (Via Video Conference) Manab Dey -vsCalcutta Electricity Supply Corporation Limited & Ors. Mr. Biswarup Biswas ... for the petitioner.

Mr. Ramchandra Guchhait ... for the CESC.

The petitioner claims to be a tenant in the property of which respondent nos. 5, 6 and 7 are the landlords. The petitioner applied for an electricity connection from the respondent no.3, being the District Engineer of CESC Limited upon making requisite payment.

Learned counsel appearing for the petitioner submits that the petitioner applied for the electricity connection on 8th January, 2019 and was informed by the CESC Limited that the petitioner could not be given a connection since the petitioner was allegedly deriving electric supply from an existing meter. On learning upon the objection, the petitioner submitted two applications in April 2019. Counsel submits that the electric connection which the petitioner was enjoying from one of the adjacent tenants was disconnected on 2nd January, 2019 after which the petitioner is without electricity. Counsel further submits that petitioner took appropriate steps before CESC Limited and was heard with other concerned parties in November 2019 after which a reasoned order was passed on 25th January, 2020 directing CESC to immediately offer an electric

connection to the petitioner upon completion of all formalities.

Counsel submits that the petitioner has thereafter made the requisite payment to CESC but in February 2020 of this year when CESC went to make the connection, the private respondents refused to unlock the meter box and prevented CESC Limited from giving the electricity connection to the petitioner.

CESC Limited is represented.

On hearing learned counsel for the petitioner as well as for that of CESC Limited, this court is of the view that after the reasoned order passed by the respondent no.3 (District Engineer, CESC), no further impediment remains for giving electricity connection to the petitioner. This is more so when the petitioner is paid all the necessary charges for the said connection.

W.P.A. 4122 of 2020 is, accordingly, disposed of with the direction on the respondent no.3 being the District Engineer, Calcutta, North District of CESC Limited to forthwith install a new meter in the premises of the petitioner for supply of electricity. This should be done within 48 hours from date.

The respondent no.3 will be at liberty to take the assistance of the concerned Officer-in-Charge of the Ultadanga Police Station, in the event the respondent no.3 encounters any resistance from the private respondents in carrying out these directions. The writ petition is disposed of in terms of the above.

(Moushumi Bhattacharya, J.)