Chattu Hazra And ANR. v. State Of West Bengal And ORS.

29.07.2024 Sl. No.261(DL) srm W.P.A. No. 7103 of 2024 Sri Chattu Hazra & Anr.

Versus

The State of West Bengal & Ors.

Mr. Moloy Roy ...for the Petitioners.

Mr. Debanjan Mukherjee ...for the CESC Ltd.

Perused the inspection report.

Report is taken on record.

It appears that the premises of the petitioners and the premises of the respondent Nos.4 and 5 are distinct and separate. The petitioner No.1 has already constructed a meter room. It appears that a civil suit is pending between the petitioners and the respondent No.5. However, as the CESC Ltd. has found a meter room and separate existence of the premises of the petitioners, the writ petition is disposed of directing the CESC authorities to grant new service connection to the petitioners within a period of one month from the date of communication of this order.

The matter was fixed for hearing today, in the presence of learned Advocate for the respondent Nos.4 and 5. The said

respondents were present during the inspection. The writ petition is disposed of in their absence. No one can be deprived from enjoying electricity. The objection of the respondent Nos.4 and 5 are baseless. The connection shall be supplied to the petitioner. However, the same shall be subject to any civil litigation that the parties may be contesting against each other or may contest in future. No equity will be claimed. Police assistance shall be granted to the CESC authorities, in case of resistance by the respondent Nos.4 and 5. The police shall ensure the smooth execution of the work.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)