Billo Rani Bose @ Kajali Bose @ Kajali Sarkar v. The Cesc Limited And ORS

12.05.2022 TN WPA No. 6672 of 2022 Billo Rani Bose @ Kajali Bose @ Kajali Sarkar Vs.

The CESC Limited and others Mr. Sudip Ghosh Chowdhury, Mr. Avijit Majumdar .... for the petitioner Mr. Debjit Mukherjee .... for the CESC Limited Since, despite service, none appears for the respondent nos.5 and 6, the matter is taken up for hearing ex parte in their absence. The affidavit-ofservice filed in court today be kept on record. Learned counsel for the petitioner submits that due to resistance by the respondent nos.5 and 6, who are co-owners of the petitioner in respect of the disputed property, the CESC Limited is not being able to give electricity connection in the name of the petitioner, despite having raised quotation to that effect.

Learned counsel for the CESC Limited supports such contention and submits that in view of the obstruction created by the private respondents, it

would be necessary to have the favour of police help, if necessary, for giving such connection.

On the basis of the submissions, as made above, WPA No. 6672 of 2022 is allowed, directing the CESC Limited to give a new electricity connection to the petitioner, subject to compliance of all due formalities by the petitioner, within a week from such compliance.

In the event the CESC personnel face any obstruction from private respondent nos.5 and 6 and/or their men and agents in giving the electricity connection at the existing meter board position of the premises, it will be open to the CESC personnel to approach the respondent no.4, that is, the Inspectorin-Charge of the Uttarpara Police Station for adequate police assistance. If so approached, the respondent no.4 shall grant such assistance at the cost of the petitioner, for the purpose of giving such new electricity connection to the petitioner. The police personnel shall be at liberty to remove any padlock or other obstruction, if put up to the access of the CESC personnel to the existing meter board position, for the aforesaid limited purpose.

All parties shall act on the server copy of this order along with a forwarding letter written by the learned Advocate appearing for the petitioner without

insisting upon prior production of a certified copy thereof, for the purpose of implementation.

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.)