Somenath Majhi v. Cesc Limited And ORS

AD-04 Ct No.09 18.05.2023 TN WPA No. 10993 of 2023 Somenath Majhi Vs.

CESC Limited and others Mr. Bidyut Kr. Halder, Mr. Indranil Halder, Ms. Srabanti Das, Ms. Neha Singh .... for the petitioner Dr. Madhusudan Saha Roy .... for the CESC Limited A report is filed today by the CESC Limited pursuant to a previous direction, which indicates that it is technically feasible to accommodate another meter at the meter board room at the premises-inquestion. Hence, the petitioner, being otherwise eligible under Section 43 of the Electricity Act, 2003 as an occupant of the property-in-question, is entitled to get such independent connection in his name, despite the objection of the private respondent, who is the father of the petitioner.

The report filed today be kept on record.

Accordingly, WPA No. 10993 of 2023 is allowed, thereby directing the CESC Limited to give a new electricity connection to the petitioner, subject to compliance of all formalities by the petitioner,

preferably within a fortnight from the date of such compliance, at the existing meter board position of the premises-in-question.

If any obstruction is offered by the respondent no.4 and/or his men and agents, it will be open to the CESC personnel to approach respondent no.3, the Officer-in-Charge of the Sankrail Police Station, who will act on a server copy of this order and provide such police assistance to the CESC personnel at the cost of the petitioner.

In the event any padlock or other hindrance is put up to prevent the access of the CESC personnel to the existing meter board position, it will be open to the respondent no.3 to ensure that such obstruction is removed for the limited purpose of giving access to the CESC personnel.

There will be no order as to costs.

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.)