Calcutta High CourtWPA/11428/2024disposed

Md. Mokim v. Cesc Ltd. And ORS.

2024-05-09Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

AD-37 Ct No.09 09.05.2024 TN WPA No. 11428 of 2024 Md. Mokim Vs.

CESC Ltd. and others Mr. S. Chaudhuri, Mr. Imteaz Kaiser .... for the petitioner Mr. Debanjan Mukherji .... for the CESC Limited Mr. Sudipta Panda, Mr. S. Dutta .... for the State

1. Learned counsel for the petitioner submits that the petitioner has an electricity meter installed in his name at the subject premises but cannot draw internal connection from the same to the sweetmeat shop run by the petitioner due to the resistance by the private respondent no. 5.

2. Learned counsel for the CESC Limited submits that the dispute partakes of a civil nature. It is submitted that the Distribution Licensee has jurisdiction up to the point where the service connection is given in a particular premises. Beyond that, internal wiring has to be arranged by the consumer.

3. Since the petitioner argues that the same cannot be done due to resistance by the private respondent, the relief of the petitioner lies before the appropriate forum/court.

4. There is substance in the contention of the CESC Limited that the Distribution Licensee has jurisdiction

only up to the service connection. In the present case, undisputedly, the petitioner has a live electricity meter standing in the petitioner's name at the subject premises and the grievance of the petitioner is that due to resistance by the private respondent, internal wiring cannot be drawn from the said meter up to the sweetmeat shop of the petitioner.

5. Hence, there is no scope of the writ court to interfere in such private dispute between the parties.

6. Accordingly, WPA No. 11428 of 2024 is disposed of by granting liberty to the petitioner to approach the appropriate civil court/forum seeking the reliefs as claimed in the present writ petition against the private respondent.

7. There will be no order as to costs.

8. 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.)