Munshi Sah@ Munshi Shah v. Cesc Ltd

14.12.2021.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 7962 of 2021 Munshi Sah @ Munshi Shah -vs.- Calcutta Electric Supply Corporation Limited & Ors.

Mr. Biswadeb Raychoudhuri, Mr. Syamal Kumar Bhattacharyya ...for the petitioner Mr. Somnath Bose ...for the CESC Limited Mr. Jahar Datta, Mr. Jaladhi Das ...for the State Leave is granted to the learned Advocate-onRecord for the petitioner to correct the cause title of the writ petition here and now.

Despite service, none appears on behalf of the private respondents. Affidavit-of-service on such score, filed in Court today, be kept on record.

The contention of the petitioner is that, despite having complied with all formalities upon applying for a new electric connection, the CESC Limited is being unable to give the same and/or hold inspection in that regard due to resistance being created by the private respondent nos. 5 and 6.

Learned counsel appearing for the CESC Limited corroborates such submission on facts and further contends that the CESC personnel went as many as four times to hold inspection for the purpose of giving such connection but failed due to obstruction being created by the respondent nos. 5 and 6 and their men and agents.

In such view of the matter, since the petitioner has a right to the electric connection subject to compliance of all formalities, W.P.A. No. 7962 of 2021 is disposed of by directing the CESC Limited to ensure that an inspection is held at the premises where the petitioner has sought new electric connection within a week from date.

Thereafter, subject to compliance of all formalities by the petitioner, the CESC Limited shall make all endeavour to give such connection, subject to the technical feasibility of such new connection, at the earliest.

In the event the CESC personnel face any obstruction from the respondent nos. 5 and 6 and/or their men and agents in holding such inspection and/or while giving such connection, the said personnel will be at liberty to approach the respondent no. 4, the Officerin-Charge, Parnasree Police Station, for adequate police assistance.

If so approached, such police help shall immediately be granted by the respondent no. 4, at the cost of the petitioner, both for the purpose of such inspection and giving new connection.

All parties shall act on the written communication of the learned advocates for the parties, accompanied by server copies of this order, without insisting upon prior production of a certified copy thereof.

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 of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)