Lakhsmikanta Hambir v. Cesc Limited And ORS

10th April, (AK) W.P.A 6842 of 2023 Lakhsmikanta Hambir Vs.

CESC Limited and others Mr. Bidyut Kr. Halder Mr. Indranil Halder Ms. Srabanti Das Ms. Neha Singh ...for the petitioner.

Ms. Sreemoyee Mitra ...for the CESC Limited.

Learned counsel for the petitioner contends that despite compliance of all formalities by the petitioner, the CESC Limited is not being able to give a new electricity connection to the petitioner due to resistance created by the private respondent.

It is seen from the affidavit-of-service filed in court today that the private respondent was served at his modified address as per the amendment carried out to the writ petition with leave of court.

Despite good service, however, none appears for the private respondent when the matter is called on for hearing today.

Since the CESC Limited is also agreeable to give electricity connection to the petitioner otherwise, apart from apprehending resistance from the private

respondent no.4, there cannot be any further impediment in that regard.

Accordingly, WPA 6842 of 2023 is disposed of by directing the CESC Limited to give a new electricity connection to the petitioner at the existing meter board position of the premises-in-question within a week from date.

In the event any obstruction is offered by the private respondent no.4 and/or his men and agents, it will be open to the CESC personnel to approach respondent no.3, the Officer-in-Charge of the Kalitala Ashuti Police Station, for adequate police assistance, which will be given by the respondent no.3 by acting on a server copy of this order immediately, at the cost of the petitioner. If need be, the police personnel will be at liberty to break open and/or remove such padlock or hindrance to the access of the CESC personnel for the limited purpose of giving such connection to the petitioner at the existing meter board position.

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.)