Debjani Bose v. The Calcutta Electricity Supply Corporation Limited (Cesc) And ORS

08.07.2025 Sl. No. 11 Ct No. 3 SG WPA 14714 of 2025 Debjani Bose Vs The Calcutta Electricity Supply Corporation Limited & Ors.

Mr. S. Chakraborty, Ms. B. Pramanick.

... for the petitioner Ms. Susmita Chatterjee.

...for CESC 1.

The petitioner has preferred the present writ petition being aggrieved by the arbitrary and unjustified action of the respondent authority in disconnecting the electricity supply to is residential premises on 16.06.2025, without assigning any reason whatsoever.

2.

It is the case of the petitioner that he is a licensee in respect of Flat No. T-2/A/FR-1-2, 1st Floor, Tower No. T-2, Ruchira Residency Complex, 369, Purbachal, Kalitala Main Road, Kolkata.

The respondent no. 5 who is the landlord of the said premises had earlier initiated civil proceedings for evicting the petitioner from the premises by filing Title Suit No. 87 of 2023 before the learned Civil Judge (Junior Division), 2nd Court, Alipore, South 24 Parganas. The said suit was decreed ex-parte by a judgment dated 25.02.2025. The petitioner has since

filed a Misc Case No. 95 of 2025 under Order IX Rule 13 of the Civil Procedure Code seeking to set aside the ex-parte decree. The said application is currently pending adjudication before the Alipore Court. In the meantime on 16.06.2025 the respondent disconnected the electricity connection of the petitioner on the ground that the landlord had requested for the voluntary disconnection of the electricity on the said premises.

3.

Learned Counsel for the petitioner states that the said action is contemplated by the landlord to exert undue pressure on the petitioner to vacate the said premises.

4.

Learned Counsel for the respondent-CESC on instruction states that they will consider petitioner's application for fresh electricity connection if the same is made in accordance with law and along with all the necessary supporting documents.

5.

Learned Counsel for the petitioner submits that the petitioner shall make an application within a period of one week. Learned Counsel for the CESC on instruction states that if the application is made within a period of one week as stated by the learned Counsel for the petitioner, the same shall be considered within two weeks thereafter subject to the petitioner complying with all the requisite formalities.

6.

Needless to state that the police will provide all necessary assistance in case the same is sought for at the cost of the petitioner.

7.

With the above direction, the present writ petition is disposed of.

8.

Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.

9.

There shall be no order as to costs.

10.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Gaurang Kanth, J.)