Kalpana Majumder And ORS. v. Cesc Limited And ORS.

28.06.2024 Ct. No. 09 Item No.21 Cp WPA No. 8226 of 2024 Smt. Kalpana Majumder & ors.

Vs.

CESC Limited & Ors.

Mr. Indranil Nandi Mr. Sayak Konar ...... for the petitioners.

Mr. Debanjan Mukherjee .....for the CESC Ltd.

The District Engineer, Calcutta South District shall ensure supply of new service connection to the petitioners' property at Premises No. 40, Sadananda Road, Kolkata - 700026, in accordance with law. The petitioners contend that this is a new construction coming up on their land. Thus, the question of persons resisting the CESC authorities, does not arise.

Learned advocate for the CESC authorities submits that some local people had raised objection. It is further contended that the pre-existing meter will have to be removed, and cables have to be laid. The CESC authorities have already accepted the money from the petitioners. The local people cannot have any right to object to supply of new service

connection to the petitioners who proposes to take the connection in respect of their own premises.

Under such circumstances, the writ petition is disposed of directing the CESC authority to grant service connection to the petitioners at the said premises, upon compliance of all other formalities. The CESC authority shall be at liberty to seek assistance of the local police authority in case of any resistance.

Unless there are bona fide reasons for not granting connection, this court does not think that the CESC authority should be prevented from granting such connection to the petitioners.

The writ petition is accordingly disposed of. There shall be no order as to costs.

All parties are to act on the basis of server copy of this order.

(Shampa Sarkar, J.)