Bharat Sharma v. Cesc Ltd. And ANR.

23.11.2021.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18114 of 2021 Bharat Sharma Vs.

CESC Limited & Anr.

Mr. Bidyut Kumar Halder, Mr. Indranil Halder ... for the petitioner Mr. Om Narayan Rai, Mr. Prashant Agarwal ...for the CESC Ltd.

The grievance of the petitioner is that, despite existence of three block meters in a market place, the petitioner, who is one of the shop-owners, is being denied electric connection from any of such block meters. Accordingly, the petitioner seeks installation of a new block meter for facilitating connection to the petitioner's shop.

Learned counsel for the CESC Limited contends that, since the total capacity of the block meters already installed at the market place is sufficient to give electric connection to the petitioner as well, there is no impediment on the part of the petitioner to take electric connection from one of the block meters.

At this juncture, learned counsel for the petitioner submits that some third parties are creating

hindrance to the connection being taken by the petitioner.

Since there is no direct cause of action against the CESC Limited and since the CESC Limited is not to blame for such hindrance, the purpose of justice would be sub-served in the event the writ petition is disposed of by directing the local police to afford adequate protection to the petitioner and/or to the CESC officials with regard to give new connection through one of the existing block meters to the petitioner.

Accordingly, W.P.A. No. 18114 of 2021 is disposed of by directing the petitioner to make all efforts to take electric connection from the existing block meters. In the event the petitioner faces any hindrance in doing so, the petitioner is free to approach the CESC Limited for adequate cooperation in that regard. The CESC-authorities as well as the petitioner shall be at liberty to approach the local police station, being the West Port Police Station, for grant of adequate police protection, at the cost of the petitioner, in the event there is any hindrance or obstruction on the part of any third party to such connection being taken by the petitioner.

All parties shall act on the written communication of the learned advocates for the parties, accompanied by a server copy of this order, without

insisting upon prior production of a certified copy thereof.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)