Vineet Kumar Poddar v. Calcutta Electricity Supply Corporation Limited And ORS

08.10.2021.

Court No.13 Item No.15 ap W.P.A. No. 14133 of 2021 (Through Video Conference) Vineet Kumar Poddar

Versus

Calcutta Electric Supply Corporation Limited & Ors. Mr. Shibaji Kumar Das.

...For the petitioner.

Mr. Somnath Bose.

..For the CESC.

Mr. Soumabho Ghose, Mr. Ankur Singhi, Mr. Sumon Roy, Ms. Rituja Mukherjee.

...For the respondent no.5.

The writ petitioner is aggrieved by the fact that the respondent no.5/landlord is preventing grant of electricity connection to the petitioner.

There are serious disputes and differences between the petitioner and the private respondent/landlord and proceedings are pending in Civil Court between the parties.

The writ petitioner has applied for independent electricity connection with the licensee. The licensee has no objection to grant the same. The writ petitioner has complied with all the formalities.

Counsel for the CESC submits that the electricity connection cannot be given in view of the resistance by the landlord.

It is now well-settled that the electricity is a very basic right and cannot be deprived to citizens.

In those circumstances, the licensee is directed to furnish electricity connection to the writ petitioner as expeditiously as possible.

In the event of any obstruction by any of the respondents or anybody, the Officer-in-charge, Shakespeare Sarani Police Station shall render all necessary assistance to CESC in conducting further inspection of the premises in question, installing of meters and grant of electricity connection to the writ petitioner. Such police assistance shall be granted at the expense of the writ petitioner.

It is made clear that the electricity connection to the writ petitioner shall not create any special equity or right to the writ petitioner in any pending or future civil proceedings between the writ petitioner and the private respondent/landlord.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)