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Calcutta High CourtWPA/8669/2022disposed

Munni Begum v. C.E.S.C. And ORS

2022-06-20Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

20th June, (AK) W.P.A 8669 of 2022 Munni Begum Vs.

Calcutta Electric Supply Corporation and others Mr. Debanjan Mukherji ...for the CESC Limited.

On June 6, 2022 when the matter was first taken up for hearing, it was submitted by learned counsel for the petitioner that the affidavit-of-service was not complete as yet. As such, the matter was adjourned. Subsequently, when the matter was called on for hearing on June 13, 2022, learned counsel for the petitioner sought a day's adjournment for taking appropriate instructions in respect of the allegation of the CESC Limited that a meter is already existing at the premises-in-question in the name of the petitioner's brother and father, from which the petitioner is already enjoying electricity.

Since none appears for the petitioner today when the matter is called on for hearing, there is no other option but to dispose of the writ petition with the observations as recorded below:

WPA 8669 of 2022 is disposed of by granting the petitioner liberty to apply for transfer of the existing electric meter in his own name subject to furnishing 'no

objection'/supporting application by the persons in whose name the existing meter stands and upon compliance of all other formalities.

If so applied, the CESC Limited shall consider such application and, subject to compliance of all formalities by the petitioner, carry out such transfer of name. However, it is made clear that in view of the specific allegation taken by the CESC Limited as regards the petitioner already enjoying electricity from a different meter at the premises, the prayer for giving a new electricity connection to the petitioner at the same premises cannot be granted.

In the event, the petitioner is aggrieved by the decision of the Senior Commercial Executive, it will be open to the petitioner to approach the appropriate forum with such grievance.

If so approached, the grievance shall be resolved in accordance with law without being influenced in any manner by any of the observations made herein. There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)