Sabitri Devi v. Cesc Limited And ORS.

D/L. 22.

July 19, 2023.

MNS.

WPA No. 16642 of 2023 Sabitri Devi Vs.

CESC Limited and others Mr. Bidyut Kumar Halder, Mr. Indranil Halder, Ms. Srabanti Das, Ms. Neha Singh ... for the petitioner.

Mr. Ram Chandra Guchhait ...for the CESC Limited.

Learned counsel for the petitioner contends that the petitioner sought for electricity connection at the premises, where she is a tenant.

However, due to objection raised by the private respondent, such connection could not be given by the CESC Limited.

Learned counsel for the CESC Limited contends that the inspection could not be held due to objection raised by the private respondent and/or her men and agents. Accordingly, the CESC Limited be permitted to hold an inspection to ascertain the feasibility of giving connection to the petitioner.

Despite service, none appears for the private respondent. Affidavit-of-service filed in court today be kept on record.

The grievance of the petitioner is that the petitioner is in occupation of the property in the capacity of a tenant. Even without going into the question as to the status of the petitioner with regard to the property, it is not in dispute that the petitioner is in occupation thereof.

Accordingly, WPA 16642 of 2023 is disposed of by directing the CESC Limited to hold an inspection at the premises-in-question within a fortnight from date, upon prior notice to the petitioner as well as the private respondent. Upon holding such inspection, the CESC Limited shall, if feasible, raise an offer letter for the petitioner to comply.

If so raised, the petitioner shall comply with all formalities and upon such compliance, the CESC Limited shall give the connection at the premises from the existing meter board position at the premises within two weeks from the date of compliance of formalities.

In the event any obstruction is raised by the private respondent and/or her men and agents, it will be open to the CESC Limited

personnel to approach the respondent no. 3, that is, the Officer-in-Charge, Watgunge Police Station, for adequate police assistance.

If so approached, the Officer-in-Charge shall give such assistance, both in respect of the inspection and in giving the connection, if need be, at the costs of the petitioner. The respondent no. 3 will be at liberty to remove any hindrance and/or break open any padlock, if affixed by the private respondent to resist the CESC Limited personnel from getting access to the existing meter board position to comply with the above directions.

There will be no order as to costs.

The parties shall act on the server copy of this order, without insisting upon prior production of a certified copy thereof.

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.)