Mehedi Hassan Nad ANR. v. Wbsedcl And ORS.

9th November, (AK) W.P.A 16209 of 2021 Mehedi Hassan and another Vs.

WBSEDCL and others Mr. Rafiqul Islam Ms. Manika Sarkar Mr. Ashis Kr. Dutta ...for the petitioners.

Mr. Amitabh Shukla Mr. P.C. Pande ...for the WBSEDCL.

Learned counsel for the petitioner submits that despite a quotation having been raised, the petitioners are not being given a new electricity connection. Learned counsel for the WBSEDCL contends that there will be a splitting of load in the event the petitioners are given such new connection, since the petitioners are living with their family in the same house.

Learned counsel for the petitioners, in reply, submits that, as stated in paragraph no.3 of the writ petition, the petitioner no.2 has one married daughter residing at her in-law's house in Birbhum, and the elder son was married in the year 2016 but after a daughter was born there has arisen a dispute between the mother and wife, as a result of which the petitioner no.2 allegedly

separated the elder son from the family in the year 2019 and since then the petitioner no.1 is residing separately at the first floor of the building with his wife and child and the petitioner no.2 is residing separately with her husband and younger son.

Be that as it may, since an allegation of splitting of load has been raised by the WBSEDCL and, as of now, no litigation is pending within the family, that is, the residents at the house where the petitioners are wanting a separate meter, WPA 16209 of 2021 is disposed of by granting liberty to the petitioners to apply before the concerned Grievance Redressal Officer with the dispute as raised herein.

If so raised, the GRO shall decide the issue in accordance with law, without being prejudiced in any manner by any of the observations made herein, upon giving opportunity of hearing to all concerned as expeditiously as possible, preferably within eight weeks from the date of communication of this order to the GRO. It is further made clear that nothing in this order shall preclude the petitioners from approaching the civil court in the meantime to vindicate their legal rights and for the purpose of obtaining interlocutory orders with

regard to their enjoyment of electricity from the present existing meter.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)