Rabin @ Rabi Manna v. Calcutta Electric Supply Corporation Ltd. And ORS.

Sl. No.48 16.07.2025 Suman Ct. 15 WPA 13767 of 2025 Rabin @ Rabi Manna Vs.

The Calcutta Electric Supply Corporation Ltd. and Ors.

Mr. Shambhu Nath Roy Ms. Munmun Das Ms. Tuhina Parvin ..for the petitioner Mr. Aswini Kumar Bera ..for the State Mr. Subhash Chandra Sarkar ...for respondent no.4 Ms. Oindrila Ghosal ..for CESC Limited The petitioner seeks an electricity connection in his name at Premises No. B/H/8/2, Ratan Babu Road, P.O. & Dist. Cossipore, Kolkata.

The petitioner claims to be a tenant under respondent no. 4, who appears to be a thika tenant of the said property.

Learned counsel appearing for the Calcutta Electricity Supply Corporation (CESC) Limited submits that, although CESC attempted twice to inspect the premises in question following the petitioner's application for a separate electricity connection, due to resistance from respondent no. 4, such inspection could not be carried out. It is further

submitted that, subject to inspection and compliance of necessary formalities by the petitioner, the electricity connection may be provided.

Learned counsel appearing for respondent no. 4 opposes the prayer of the petitioner. It is contended that the petitioner has been enjoying electricity through a separate meter, and hence there is no necessity for an additional connection in his name. It is further submitted that, as per an agreement between the petitioner and respondent no. 4, the petitioner agreed to use electricity from that existing meter only. Therefore, the present request for a separate connection ought not to be entertained. It is also alleged that the petitioner, under the guise of seeking electricity connection, is attempting to assert rights over the property. Having considered the submissions of the parties, I am of the view that the petitioner, being a tenant under respondent no. 4 and his possession over the premises not being in dispute, is entitled to seek a separate electricity connection in his name.

In view of the above, this writ petition is disposed of with a direction upon the Calcutta Electricity Supply Corporation (CESC) Limited to conduct an inspection of the premises within a period of two (2) weeks from date, with necessary police assistance.

Upon inspection, if it is found that electricity connection can be provided to the petitioner, the same shall be effected within a further period of three (3) weeks,

subject to the petitioner complying with all necessary formalities.

It is made clear that the grant of electricity connection shall not create any right, title, or interest in favour of the petitioner in respect of the property in question.

The Officer-in-Charge, Cossipore Police Station, is directed to render necessary assistance to the officials of CESC Limited in terms of this order. If required, the police shall be at liberty to break open the padlock of the meter room to facilitate inspection and implementation of this order.

The cost of police assistance shall be borne by the petitioner.

Accordingly, WPA 13767 of 2025 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)