Kamal Oraon v. State Of West Bengal And ORS.

19.08.2024 Court No.09 Item no.57 CP WPA No. 17393 of 2024 Kamal Oraon Vs.

The CESC Limited & ors.

Mr. Bidyut Kr. Halder Mr. Indranil Halder ....for the petitioner.

Md. Sayeed Khan Ms. Mamoni Shaw ....for the respondent no. 4.

Mr. Amitava Chaudhuri Mr. N. Roy .....for the CESC.

Perused the report of the District Engineer, South West District, CESC Ltd.

It is the specific contention of the authority that the petitioner, the respondent no.4 and Smt. Saraswati Maity were using a common passage to enter their respective portions. Such fact was discovered during an inspection. At the end of the common passage there was an existing service/meter room. A meter had been installed in the name of the respondent no. 4, Ganesh Oraon.

The said respondent is resisting grant of connection to the petitioner. There is ample space in the meter board to install another meter, as per the report of CESC. Though the respondent no. 4 had strong objection to installation of the meter in favour of the petitioner, the authority found that apart from

the objection raised by the respondent no. 4, there was no other impediment to grant new connection to the petitioner.

Under such circumstances, the CESC Ltd. is directed to supply electricity to the petitioner from the same meter board position which has been mentioned in the inspection report, within two months from the date of the petitioner complying with other formalities. The CESC Ltd. will be entitled to police protection at the cost of the petitioner. The contention of the learned advocate for the respondent no. 4 that the original owner of the premises had not been made a party to the writ petition is irrelevant, as the only issue is whether the petitioner is in occupation of the premises in question and is entitled to electricity or not. The authority has opined, upon holding an inspection, that the petitioner can be granted electricity from the same meter board position, as was granted to the respondent no.4.

The writ petition is disposed of accordingly. 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.)