Mansura Bibi v. Cesc Limited And ANR

21.06.2022.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 10773 of 2022 Mansura Bibi -vs.- CESC Limited & Ors.

Mr. Bidyut Kumar Halder, Mr. Indranil Halder ...for the petitioner Mr. Om Narayan Rai, Ms. Sumouli Sarkar ...for the CESC Limited Learned counsel for the petitioner contends that the petitioner is the owner of a shop room at premises No. 68, Thakurpukur Road, Kolkata 700 063. Such property, it is contended, is mutated and separated from the adjacent property, being premises No. 68A, Thakurpukur Road, Kolkata. However, when the petitioner applied for new electricity service connection in the petitioner's name at 68, Thakurpukur Road, the CESC Limited refused to give such service connection on the ground that a service connection already exists at the same premises, as transpires from the communication by the CESC Limited dated March 20, 2021 (annexure P-2 at page 11 of the writ petition).

Learned counsel for the CESC Limited submits that the premises in which the petitioner is residing,

although the same might have been mutated by the Municipal Corporation, is structurally same as the premises No. 68A, Thakurpukur Road, where a service connection is already existing.

It is further submitted by learned counsel for the CESC Limited that there is no impediment for the petitioner to apply for a new metered electricity connection in the petitioner's name and, subject to inspection by the CESC personnel and compliance of formalities by the petitioner, there cannot be any bar otherwise in providing the same.

In view of the submissions made by learned counsel for the parties, W.P.A. No. 10773 of 2022 is disposed of by granting liberty to the petitioner to apply for a separate new metered electricity connection in the petitioner's name at premises no. 68, Thakurpukur Road, Kolkata 700 063.

If so applied for, the CESC Limited shall hold an inspection to scrutinize the feasibility of the same and, if so permissible, will give such connection pursuant to the petitioner complying with all necessary formalities, preferably within a fortnight from the date of such compliance by the petitioner.

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 of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)