Debi Prasad Shaw v. State Of West Bengal And ORS.

06-11-2024 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.17859 of 2024 Debi Prasad Shaw -vsThe State of West Bengal & Ors.

Item No.11 Subrata Bhattacharyya AR(C) Mr. Anupam Kumar Bhattacharya Mr. Mrityunjoy Saha Mr. Nikhil Gupta ...for the petitioner Mr. Ranjan Saha ...for the State Mr. Debanjan Mukherjee ...for CESC 1.

The petitioner submits that he is without electricity and that he intends to obtain a new meter in his name.

2. Learned advocate representing CESC Limited submits, upon instructions, that the petitioner is enjoying electricity from one consumer, Sandhya Shaw. It is further submitted that there is no averment in the writ petition that Sandhya Shaw has disconnected electricity supply to the portion occupied by the petitioner. Furthermore, CESC Limited conducted an inspection and found three operational meters in the subject premises. The concerned authority rejected the prayer of the petitioner for new connection in his name.

3. Upon perusal of the writ petition it appears that there is no averment in the writ petition that the petitioner is without electricity. There is also no averment that the connection which he was enjoying has been disconnected. The licensee has caused inspection

and found that the petitioner is enjoying electricity. 4.

In the absence of proper averments, the prayer of the petitioner cannot be allowed.

5.

The writ petition thus fails and is hereby dismissed.

6.

All parties are to act on the server copy of this order duly downloaded from the official website of this court.

7.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]