Calcutta High CourtWPA/14665/2024disposed

Ananda Gopal Chatterjee v. Cesc Limited And ORS.

2024-09-09Hon'Ble Justice Shampa Sarkar2 pages

09.09.2024 Sl. No.93(ML) srm W.P.A. No. 14665 of 2024 Ananda Gopal Chatterjee

Versus

CESC Limited & Ors.

Mr. Subhabrata Basu, Mr. Shovan Banerjee ...for the Petitioner.

Mr. Debanjan Mukherjee ...for the CESC Ltd.

Mr. Goutam Dey, Mr. Prateep Bera, Ms. Dipanwita Ganguly, Ms. Ankita Ghosh ...for the Respondent Nos.3-7.

The writ petition has been filed with a prayer that the electricity meter from which the petitioner is enjoying the supply, must be shifted to the area exclusively owned and possessed by the petitioner.

The petitioner submits that the premises has been demarcated by a deed of settlement and the petitioner's name has been mutated in the municipal records, but the CESC authorities have refused to shift the meter to the area occupied by the petitioner.

The CESC authorities were directed by this Court to cause an inspection. The inspection report is filed in Court

today. It appears that the meters from which all the respondents are enjoying connection have been placed in the front of a separation wall of the building.

Under such circumstances, the meter cannot be shifted to any other portion, as the existing service connection is up to the wall on which all the meters have been installed. It appears that shifting of the meter would not be technically suitable.

Accordingly, the writ petition is disposed of with a direction upon the CESC authorities to take regular inspection of the meter of the petitioner, for preparation of the consumption bills. The CESC will not be obstructed in anyway.

It is made clear that if a separate holding is created from the said premises by the municipality upon bifurcation of the holding and the same stands exclusively in the name of the petitioner, the petitioner shall be at liberty to pray for new service connection in the separate holding. If such prayer is made, the same shall be disposed of in accordance with law. There shall be no order as to costs.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)