Sakina Khatun v. The Cesc Ltd. And ORS

AD-01 Ct No.09 02.03.2023 TN WPA No. 9603 of 2021 Sakina Khatun Vs.

The CESC Limited and others Mr. Madan Murari Verma, Ms. Punam Verma, Mr. Abhishek Verma, Mr. R.S. Roy .... for the petitioner Mr. Rajiv Lall .... for the CESC Limited Learned counsel for the petitioner contends that despite the petitioner having applied for electricity connection in her name, the CESC Limited has not yet inspected the premises and/or given such connection. Learned counsel appearing for the CESC Limited submits that due to resistance and obstruction by the private respondents, who reside at the premises, the CESC Limited could not even hold an inspection for checking the feasibility of giving the connection to the petitioner.

Despite service, none appears for the private respondents at the time of call. The affidavit-ofservice filed today be kept on record. Since the CESC Limited is of the opinion that an inspection is required to be held for the purpose of

raising an estimate and ascertaining the feasibility, WPA No. 9603 of 2021 is disposed of by directing the CESC Limited to hold an inspection for ascertaining the feasibility of giving a new connection to the petitioner, upon prior notice to the petitioner and to the private respondents indicating the date and time of such inspection. Such inspection shall be held within a fortnight from date.

During the inspection, if the CESC personnel are obstructed by the private respondents and/or their men and agents in doing so in any manner whatsoever, it will be open to the CESC personnel to approach the respondent no.3, the Inspector-inCharge, Baranagar Police Station, who will act on a server copy of this order and provide such assistance to the CESC personnel at the cost of the petitioner. It is further clarified that in the event any padlock or other hindrance is affixed by the private respondents to the access of the CESC personnel to the existing meter board location for the purpose of ascertaining the feasibility of giving connection to the petitioner, it will be open to the police personnel to break open such padlock or remove such hindrance for the limited purpose as indicated above.

Upon such inspection being held, if it is found feasible to give such connection to the petitioner, the

CESC Limited shall raise an estimate and intimate the same to the petitioner. Upon compliance of such formalities by the petitioner as required in law, the CESC Limited shall expeditiously give such connection to the petitioner. In the event, at the juncture of giving the connection upon being otherwise satisfied on the compliance of formalities, the CESC personnel face further obstructions from the respondent nos.4 and 5 and/or their men and agents, it will be open to the CESC personnel to approach the respondent no.3 again for police help in order to effect such connection in favour of the petitioner, also at the cost of the petitioner. 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.)