Monu Kumar And ANR. v. Cesc Limited And ORS.

AD. 32.

January 7, 2022.

MNS.

(Through Video Conference) WPA No. 14342 of 2021 Monu Kumar and another Vs.

CESC Limited and others Mr. Bidyut Kumar Halder, Mr. Indranil Halder ...for the petitioners.

Ms. Aprajita Rao ...for the CESC Limited.

Affidavit-of-service filed in Court today be kept on record.

Despite service, none appears on behalf of the respondent no. 4, although the petitioner and the CESC Limited are represented through counsel.

The limited grievance of the petitioner is that, despite having applied for a new electric connection, the CESC Limited is being unable to give such connection due to resistance created by the respondent no. 4. Learned counsel for the CESC Limited submits that the CESC Limited could not have an inspection of the premises to ascertain whether electric connection could be given to the petitioner in accordance with law. The reason for such inability is pleaded to be the resistance put up by the respondent no. 4.

In such circumstances, WPA 14342 of 2021 is disposed of by directing the CESC Limited to hold an

inspection for the purpose of ascertaining the feasibility and legality of giving a new connection to the petitioner within ten days from date.

In the event the CESC Limited is of the opinion, upon such inspection, that giving a new connection is feasible and in consonance with law, the CESC Limited shall give such connection within ten working days thereafter, subject to the petitioners' complying with all formalities.

In the event the personnel of the CESC Limited face any obstruction from any quarter, including the respondent no. 4 and/or his men and agents, at the time of taking inspection and/or giving new connection, the CESC Limited personnel will be at liberty to approach the respondent no. 3, that is, the Officer-in-Charge of the Hare Street Police Station for adequate police assistance in that regard.

If so approached, the respondent no. 3 shall grant adequate police help for the purpose of such inspection as well as giving the new electric connection, at the cost of the petitioners.

There will be no order as to costs.

The parties shall act on the written communication of this order by the learned Advocates for the parties, coupled with a server copy of this order, without insisting upon prior production of a certified copy thereof.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)