← Library
Calcutta High CourtWPA/7111/2022disposed

Md Wasim v. Cesc Limited And Others

2022-05-12Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

12.05.2022.

mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 7111 of 2022 Md. Wasim -vs.- CESC Limited & Ors.

Mr. Bidyut Kumar Halder, Mr. Indranil Halder ...for the petitioner Mr. Debanjan Mukherjee ...for the CESC Limited Learned counsel appearing for the petitioner submits that, despite the petitioner having paid the charges as quotation raised by the CESC Limited for giving individual electricity connection to the petitioner, no such connection could be given by the CESC Limited due to obstruction created by the respondent no. 4.

Despite service, none appears for the respondent no. 4.

Affidavit-of-service filed in Court today be kept on record.

Learned counsel appearing for the CESC Limited submits that no fresh service connection can be given to the petitioner. However, it is submitted that in the event the petitioner wants to have a new

meter in the name of the petitioner in his shop room, the CESC Limited is agreeable to do so as the quotation money was deposited by the petitioner on such score. It is rightly pointed out by learned counsel for the petitioner that the matter has already been decided by the concerned Grievance Redressal Officer, directing the petitioner to submit valid and current trade licence in support of his shop room and upon compliance of all formalities and payment of charges, including submission of trade licence, the CESC Limited shall process the application of the petitioner for new connection. As such, in view of the existing order of the Grievance Redressal Officer, the petitioner is not required to apply afresh for individual connection. Learned counsel appearing for the petitioner also reiterates that the petitioner is seeking only a new individual metered connection from the existing meter board position at the premises, and not a service connection.

Hence, W.P.A. No. 7111 of 2022 is disposed of by directing the CESC Limited to give a new electricity connection to the petitioner at the existing service position, pursuant to the order of the Grievance Redressal Officer dated February 14, 2022, as annexed at pages 15 to 17 of the present writ petition, as expeditiously as possible, preferably within two weeks

from compliance with the formalities by the petitioner, as directed by the Grievance Redressal Officer. In the event the CESC personnel are obstructed from giving such connection to the petitioner, it will be open to the CESC officials to approach the respondent no. 3, that is, the Officer-inCharge, Belghoria Police Station, for police assistance in that regard.

If so approached, the respondent no. 3 shall provide such police assistance to the CESC personnel, at the cost of the petitioner.

It is made clear that it will be open to the police personnel to remove any hindrance and/or padlock, if affixed to obstruct the CESC personnel having access to the existing meter board position. All parties shall act on the written communications of the learned advocates for the parties, accompanied by a server copy 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.)