Dinesh Poddar v. Cesc Limited And ORS.

11.08.2023 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 13348 of 2023 Dinesh Poddar Vs.

CESC Limited & Ors.

Mr. Bidyut Kumar Halder, Mr. Indranil Halder, Ms. Neha Singh ...for the petitioner Mr. Ram Chandra Guchhait ...for the CESC Limited Affidavit-of-service filed in Court today be kept on record.

It appears from the said affidavit of service that the landlord/respondent has refused service. The petitioner, claming to be a tenant of the property, sought electricity connection, which was not given by the Calcutta Electric Supply Corporation Limited (CESC Limited) due to obstruction raised by the respondent no.4/landlord.

Learned counsel for the CESC Limited submits that the Licensee could not hold an inspection for the purpose of ascertaining the feasibility to give electricity connection to the

petitioner, due to resistance of the respondent no. 4 and his men and agents.

Since the landlord/respondent chooses not to appear, the writ petition is taken up for hearing ex parte in the absence of the said respondent.

W.P.A. No. 13348 of 2023 is allowed, directing the CESC Limited to hold an inspection within a week from date for the purpose of ascertaining whether it is feasible to give electricity connection to the petitioner at the premises, as applied for by the petitioner.

If it is so feasible, the CESC Limited shall immediately raise an estimate and issue an offer letter.

Upon compliance of all formalities by the petitioner, the CESC Limited shall give such connection to the petitioner within a week of such compliance of formalities.

At the instance, either of the inspection or while giving electricity connection, if any resistance is faced by the CESC personnel from the respondent no. 4 and/or his men and agents, it will be open to the said personnel to approach the respondent no. 3, that is, the Officer-in-Charge of the Parnasree Police Station for adequate police assistance.

The respondent no. 3 shall act on the written communication of the learned advocates of the parties and/or server copy of this order for granting such assistance, at the cost of the petitioner, on both such occasions.

If any padlock or other hindrance is put up by the respondent no. 4, the police personnel will be at liberty to remove the same for giving access to the CESC personnel for the purposes, as directed above.

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.)