Hazi Abid Hossain Molla v. Calcutta Electric Supply Corporation Limited And ORS

AD-07 Ct No.09 06.09.2022 TN WPA No. 14668 of 2022 Hazi Abid Hossain Molla Vs.

Calcutta Electric Supply Corporation Limited and others Ms. Sumitra Das, Ms. Riya Chatterjee .... for the petitioner Mr. Suman Ghosh .... for the CESC Limited Although it transpires from the affidavit-ofservice and the track report annexed thereto that service was not adequately effected till July 09, 2022, a further track report of a later date, that is, of July 11, 2022 is handed over by learned counsel for the petitioner which indicates that due service was effected on the private respondent. However, none appears for the private respondent when the matter is called on for hearing.

The grievance of the petitioner is that despite the petitioner having applied for a three-phase industrial electricity connection and having complied with initial formalities, such connection is not being given by the CESC Limited due to obstruction raised by the private respondent no.3.

Hence, WPA No. 14668 of 2022 is disposed of by directing the CESC Limited to give the new electricity connection to the petitioner, subject to compliance of all formalities by the petitioner in that regard, irrespective of any obstruction being raised by the private respondent no.3 and/or his men and agents, within a period of three weeks from the date of such compliance.

In the event such obstruction is raised, the CESC personnel will be at liberty to contact the local police station for the purpose of obtaining police assistance to give such connection to the petitioner. If so approached, the Officer-in-Charge/Inspector-inCharge of the local police station shall act on the written communication of the learned Advocate(s) for the parties or for either party, accompanied by a server copy of this order, without insisting upon prior production of a certified copy thereof.

If any padlock or other hindrance is found by the police in the way of giving the CESC personnel access to the proposed existing meter board position, it will be open to the police to break open such padlock or remove such hindrance for the limited purpose of enabling the CESC personnel to give such connection to the petitioner.

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 with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)