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Calcutta High CourtWPA/10803/2023disposed

Parveen Khatoon v. Cesc Limited And ORS.

2023-10-16Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

16th October, (AK) W.P.A 10803 of 2023 Parveen Khatoon Vs.

CESC Limited and others Mr. Bidyut Kr. Halder Mr. Indranil Halder Ms. Neha Singh ...for the petitioner.

Dr. Madhusudan Saha Ray Mr. Debanjan Mukherjee ...for the CESC Limited.

1.

At the outset, learned counsel appearing for the CESC Limited files his affidavit-in-opposition and relying on the same argues that the petitioner's application for electricity connection was dated December 10, 2022, immediately after the defaulting connections were severed.

2.

Thus, it is obvious that the petitioner had been enjoying electricity from the defaulting meters previous to their disconnection and has nexus with the defaulting consumers.

3.

Learned counsel appearing for the petitioner, by placing reliance on the affidavit-in-reply filed by the petitioner today, submits that the petitioner is a newly-

wed wife at the premises and had no connection or nexus with the defaulting meters.

4.

It transpires upon query of court that the petitioner has been married to her husband, who is a resident of the premises, about 4-5 years back. 5.

Thus, it is evident that since the petitioner's husband did not have any electricity meter in his name in the premises, he must have been using electricity from one of the three defaulting meters specifically named by the CESC Limited.

6.

Thus, the oblique manner in which the petitioner has been made instrumental to make an application for electricity connection, which will be enjoyed by not only her husband but probably by all the other residents, cannot but be deprecated.

7.

In any event, sufficient nexus has been proved by the CESC Limited for the petitioner to be saddled with the additional costs, apart from the connection charges, in lieu of the dues which are pending in respect of the defaulting meters.

8.

Hence, WPA 10803 of 2023 is disposed of by granting liberty to the petitioner to clear all outstanding dues as well as pay the new connection charges for getting an electricity supply to the premises in her name. 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.)