Suresh Kumar Shaw v. C. E. S. C. Limited And ANR

26.11.2021.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 13414 of 2021 Suresh Kumar Shaw -vs.- CESC Limited & Ors.

Mr. Indranil Halder ...for the petitioner Mr. Om Narayan Rai ...for the respondent-CESC Ltd.

Learned counsel for the petitioner contends that, despite an application for new commercial connection having been made by the petitioner, the same has not yet been granted by the CESC Limited.

Learned counsel for the CESC Limited submits that the petitioner already has an existing electric connection in his own name at the same premises and now seeks to obtain a new commercial connection, thereby seeking to split the load.

Since such issue of splitting of load cannot be resolved under Article 226 of the Constitution of India in view of availability of an equally efficacious alternative remedy, in the form of a challenge before the Grievance Redressal Officer, W.P.A. No. 13414 of 2021 is disposed of by granting the petitioner liberty to approach the Grievance Redressal Officer to resolve the

dispute regarding splitting of load and entitlement of the petitioner to get a new connection.

If so approached, the said Officer shall decide the issues in accordance with law upon giving opportunity of hearing to the interested parties, if necessary, as early as possible, preferably within four weeks from the date of such reference.

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.)