Santanu Saha v. Cesc Limited And ORS.

S/L 15 16.12.2025 Court. No. 25 sourav WPA 11357 of 2025 Santanu Saha Vs.

CESC Limited & Ors.

Mr. Saikat Banerjee, Sr. Adv.

Mr. Shirsho Banerjee ... for the petitioner.

Mr. Suman Ghosh ...for C.E.S.C.

Mr. Srijan Nayak ... for the State.

1.

The petitioner has filed the present writ application praying for a direction upon the respondent authorities i.e., the CESC Limited for installation of the electric meter in respect of consumer no. 28033241005 in any other alternative location of the premises no. 55/G, Beliaghata Main Road, under Beliaghata P.S., Kolkata. 2.

This Court has called for the report from the CESC Limited and accordingly, on July 4, 2025, the Senior Engineer, CESC Limited has submitted the report which reads as follows:

"In compliance with the order, the undersigned being the Senior Engineer has carried out an inspection of the premises on 4th July, 2025 at 11 a.m. in presence of the petitioner and the private respondents (Krishnendu Saha and Nemai Dutta). Notice were duly served. No police personnel was present at site.

Findings of the inspection:- a) The premises in question is comprised of 4(four) separate rooms and it appears that out of the said four rooms, two rooms are occupied by the petitioner (Santanu Saha) and

the other two rooms are occupied by Nemai Dutta and Krishnendu Saha respectively.

b) Access was provided to the existing service position. CESC's service at the premises is installed in the room occupied by Nemai Dutta. There are 4(four) meters in the circuit and all are found live.

c) CESC's service cable at the premises is in order. The main-switch of Santanu Saha was found in covered condition with pad-lock and in off condition, because of which he is not getting supply in spite of his meter being in live condition.

d) During inspection, a common position was identified by the undersigned near the main gate which is technically suitable for shifting of service, subject to some renovation work which is to be done by the occupiers of the premises and upon compliance of necessary formalities including payment of requisite charges."

3.

Considering the report, it is found that the CESC Limited is ready to shift the existing service line of the petitioner subject to the conditions as mentioned above.

4.

On the earlier occasion also, the private respondent has not appeared before this Court. Accordingly, this Court has directed the petitioner to serve the notice upon the private respondent and to file affidavit-of-service. In compliance of the order passed by this Court on December 10, 2025, the petitioner has served the notice upon the private respondent but in spite of service, none appears on behalf of the private respondent. Thus, this Court has no other option but to dispose of

the present writ application in the absence of the private respondent.

5.

The petitioner is directed to apply for shifting of the existing service line before the CESC Limited within a week from date through online procedure. Within a week from the date of receipt of the application of the petitioner, the CESC authority shall inspect the premises of the petitioner by notifying the date and time to the petitioner and the petitioner shall remain present at the premises at the time of inspection by the CESC authority.

6.

If the CESC authority finds that if any formalities have to be completed by the petitioner for getting the service line, the petitioner shall complete all the formalities within a week thereafter. If the CESC authority finds that the petitioner has complied with all the formalities, the CESC Limited shall issue a formal offer letter to the petitioner and the petitioner shall submit the required fee to the CESC authority and on receipt of the fee, the CESC authority shall shift the existing service line subject to compliance of all the formalities. 7.

It is made clear that at the time of inspection and shifting of service line, if any of the person including the private respondent raised any objection or restrain the authorities for shifting the existing service line, the respondent no. 6, i.e., the Officer-in-Charge, Beliaghata P.S. shall provide appropriate police protection to the CESC officials to shift the existing service line as per the identified place and if any charge is to paid with

regard to the police protection, the charge shall be paid by the petitioner.

8.

WPA 11357 of 2025 is disposed of.

9.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Krishna Rao, J.)