Kalpana Khan v. Cesc Limited And Another

AD. 24.

January 5, 2022.

MNS.

(Through Video Conference) WPA No. 9802 of 2021 Kalpana Khan Vs.

CESC Limited and another Mr. Bidyut Kumar Halder, Mr. Indranil Halder ...for the petitioner.

Mr. Om Narayan Rai ...for the CESC Limited.

Learned counsel for the CESC Limited submits at the outset that a challenge on the subject-matter of the writ petition is maintainable before the Grievance Redressal Officer (GRO) and this Court ought not to interfere under Article 226 of the Constitution of India. Since the grievance of the petitioner relates to the refusal by the CESC Limited to give a new electric connection to the petitioner on the ground of 'splitting of load', WPA No. 9802 of 2021 is disposed of with liberty to the petitioner to approach the concerned GRO with the same dispute as agitated in the present writ petition. If so approached, the concerned GRO shall decide the same independently and in accordance with law upon giving adequate opportunity of hearing to all interested parties without being influenced in any manner by any of the observations made herein.

If such a reference is made, the GRO shall make all endeavour to dispose of the same within a period of four weeks from the date of such reference.

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.)