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Calcutta High CourtWPA/16323/2024disposed

Kaberi Roy v. Cesc Limited And ORS.

2024-08-12Hon'Ble Justice Shampa Sarkar2 pages

12.08.2024 Sl. No.80(DL) srm W.P.A. No. 16323 of 2024 Kaberi Roy

Versus

CESC Limited & Ors.

Mr. Sourav Koley ...for the Petitioner.

Mr. Debanjan Mukherjee ...for the CESC.

The petitioner was directed to serve the respondent No.4. The respondent No.4 has refused service. Refusal is a good service. On the earlier occasion also, the respondent No.4 did not appear, despite service.

As the respondent No.4 does not appear to be interested to contest the proceeding, the writ petition is disposed of in his absence.

The CESC authorities have produced the records. It appears that the petitioner applied for new connection, but the respondent No.4 objected to such connection. It is told that the respondent No.4 is the brother-in-law of the petitioner and he is enjoying electricity.

The CESC authorities already found the petitioner to be in possession of premises No.7/1, Badan Roy Lane, Howrah-711101 and had issued a quotation which the petitioner also paid. The

CESC authorities are directed to effect connection in the premises in question with the help of police, from the existing meter board position. The police authorities will ensure access to the meter board position. Such connection shall be effected within a month from the date of communication of this order, by way of a loop meter.

The connection granted to the respondent No.4 shall not be disturbed in the process of such installation. It is made clear that no one, even the respondent No.4, can deprive the petitioner from enjoying electricity in accordance with law. Thus, all efforts shall be made by the CESC authorities and the police to ensure that the connection can be supplied in the manner prescribed by the regulations.

The cost of police help shall be borne by the petitioner. This connection will not create any equity in favour of the petitioner and shall be subject to any order that may be passed by a civil court, in any civil litigation.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)