Sumita Sarkar v. Cesc Limited And ANR

25th April, (AK) W.P.A 9500 of 2023 Sumita Sarkar Vs.

CESC Limited and another Mr. Bidyut Kr. Halder Mr. Indranil Halder Ms. Srabanti Das Ms. Neha Singh ...for the petitioner.

Mr. Debanjan Mukherjee ...for the CESC Limited.

Learned counsel for the petitioner argues that when the petitioner applied for fresh electricity connection at the premises-in-question, the CESC Limited gave a written communication dated February 5, 2023 indicating that the site inspection was completed but, to enable the CESC Limited to proceed further in the matter, the petitioner was required to visit their office on any working day with ownership documents and bona fide occupancy documents.

It is contended that the photocopies of the Voter ID Card as well as the Adhaar Card of the petitioner with regard to the same property have been annexed to the present writ petition.

However, it is disputed that the petitioner is required to show her ownership with regard to the property for getting electricity connection.

Learned counsel appearing for the CESC Limited submits that the petitioner has not produced the documents-in-question at the relevant juncture before the CESC Limited, for which the application of the petitioner could not be processed further.

On instruction, it is further submitted that the petitioner may be already enjoying an electricity connection at the premises, which might debar the petitioner from taking a new connection.

However, from the written communication given by the CESC Limited dated February 5, 2023, nothing transpires to indicate that the petitioner was already enjoying an electricity connection at the premises, nor was such ground of objection cited by the CESC Limited, although it has been specifically mentioned in paragraph no.2 of the communication that the site inspection had already been completed.

In fact, the CESC Limited required such documents, as indicated in the communication, to enable it to proceed further in the matter.

Hence, the second dispute raised by the CESC Limited at this belated juncture cannot be taken note of. Since the petitioner has already annexed photocopies of the Voter Identity Card and Adhaar Card

of the petitioner to the writ petition, the petitioner is merely required to produce further copies of the same before the CESC Limited.

In the event the CESC Limited Officials seek to peruse the originals of such documents, the same shall also be furnished by the petitioner for the limited purpose of perusal by the CESC Officials.

Such exercise shall be completed by the petitioner within April 28, 2023. Upon such documents being produced by the petitioner, the CESC Limited shall raise an estimate in that regard.

Such estimate shall be given to the petitioner within two days thereafter, upon which the petitioner shall comply with the formalities in law.

Upon deposit of the requisite amount of money and compliance of due formalities by the petitioner, the CESC Limited shall give the new electricity connection to the petitioner at the premises within a week after such compliance of formalities, from the existing meter board position at the premises.

WPA 9500 of 2023 is, accordingly, disposed of without any 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.)