Bipin Dhara v. Calcutta Electric Supply Corporation Limited And ORS

8th August, (AK) W.P.A 10005 of 2022 Bipin Dhara Vs.

The Calcutta Electric Supply Corporation Limited and others Mr. Radhamohan Ray ...for the petitioner.

Mr. Brotindro Mullick ...for the CESC Limited.

Mrs. Sima Adhikary Mr. Tapan Ray ...for the State.

Learned counsel for the petitioner contends that the petitioner has applied for a new electricity connection and seeks a direction on the CESC Limited to give the same subject to compliance of formalities. Learned counsel appearing for the CESC Limited submits that the CESC Limited has no objection in principle to do so.

However, due to objection of certain people, the electricity connection cannot be given. On query of court, learned counsel for the CESC Limited submits that he has no instruction as regards any written objection being filed by any person.

In the circumstances, WPA 10005 of 2022 is allowed, by directing the CESC Limited to give electricity connection to the petitioner at the premises-in-question

within two weeks from compliance of all formalities by the petitioner.

In the event the CESC personnel face any obstruction in doing so, it will be open to the CESC personnel to approach the added respondent no.3, that is, the Inspector-in-Charge of the New Alipore Police Station for adequate police assistance in that regard. If so approached, the respondent no.3 shall give such assistance at the cost of the petitioner for the limited purpose of giving electricity connection to the petitioner.

It is made clear that the electricity connection shall not create any special right or equity in favour of the petitioner, which the petitioner otherwise does not have in law.

The parties as well as all concerned shall act on the written communication of the learned Advocates for the parties, coupled with server copy of this order, without insisting upon prior production of a certified copy for the purpose of compliance.

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.)