Manjularani Gupta v. Cesc Ltd And ORS

10th April, (AK) W.P.A 6746 of 2023 Manjularani Gupta Vs.

CESC Limited and others Mr. Vikas Basal Agrawal ...for the petitioner.

Mr. Srijan Nayak ...for the CESC Limited.

Mr. Swapan Kr. Pal ...for the State.

Learned counsel for the petitioner contends that the petitioner is not getting a new electricity connection due to resistance created by the petitioner's father, who is the present respondent no.4.

Learned counsel for the CESC Limited files a report in court, which be kept on record, indicating that the CESC Limited found on inspection that, taking into consideration the physical condition of the petitioner, the CESC Limited is willing to give a new electricity connection to the petitioner at the premises, despite the existence of a previous service connection there. In any event, it is clear from the subject matter of the writ petition that the relation between the petitioner and her father, the private respondent, is strained, for which no allegation of splitting of load can be ex facie

raised against the petitioner for seeking a new connection at the same premises, despite the petitioner's father having a previous service connection.

In such view of the matter, WPA 6746 of 2023 is disposed of by directing the CESC Limited to give a new electricity connection to the petitioner through a new meter at the existing meter board position in the name of the petitioner, subject to compliance of all formalities by the petitioner, within a fortnight from the compliance of such formalities and/or from this order, whichever is later.

In the event the CESC personnel are obstructed in doing so in any manner, the CESC personnel will be at liberty to approach the respondent no.3, the Officer-inCharge of the Hastings Police Station, for adequate police assistance, which will be given by the respondent no.3 by acting on a server copy of this order, at the cost of the petitioner.

It is made clear that if any padlock or other hindrance is put up by the private respondent and/or his men and agents in doing so, the Officer-in-Charge will be free to break open and/or remove such padlock or hindrance for the purpose of giving access to the CESC personnel in order to comply with the above directions. There will be no order as to costs.

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

(Sabyasachi Bhattacharyya, J.)