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Calcutta High CourtWPA/5842/2022allowed

Janki Devi v. Cesc Ltd. And ORS

2022-04-28Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

28.04.2022 TN WPA No.5842 of 2022 Janki Devi Vs.

CESC Limited and others Mr. Bidyut Kr. Halder, Mr. Indranil Halder .... for the petitioner Ms. Sreemoyee Mitra .... for the CESC Limited Affidavit-of-service filed in court today be kept on record.

Despite service, none appears for the private respondents when the matter is called on for hearing, although the petitioner and the CESC Limited are represented through counsel.

The grievance of the petitioner is that the landlords/respondent nos.4 and 5 have been creating obstruction to the CESC personnel in giving electricity connection to the petitioner and/or holding any inspection for such purpose.

Since the private respondents choose not to appear/be represented, the writ petition is taken up for disposal ex parte.

In view of sufficient case for relief having been made out, WPA No.5842 of 2022 is allowed, directing the CESC Limited to give electricity connection to the petitioner, subject to compliance of all due formalities by the petitioner and provided that giving such connection is feasible in the perception of the CESC Limited, as expeditiously as possible, preferably within a week after the inspection is held. The inspection shall be held within a week from date.

In the event any resistance is faced by the CESC personnel in holding such inspection and/or on the occasion of giving the electricity connection to the petitioner, it will be open to the CESC personnel to approach the respondent no.3, that is, the Officer-inCharge, Kalighat Police Station to give adequate police assistance.

If such assistance is required, the same shall be provided at the cost of the petitioner. It will be open for the police personnel to break open any padlock or hindrance, if put up on the route of access of the CESC personnel to the existing meter board position, for the purpose of giving such 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 with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)