Ahmadi Khatun v. Cesc Limited And Others

02.12.2021.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18167 of 2021 Ms. Ahmadi Khatun -vs.- The CESC Limited & Ors.

Mr. Uddipan Banerjee ...for the petitioner Ms. Sanjukta Samanta ...for the State Mr. Debanjan Mukherjee ...for the CESC Limited Affidavit-of-service filed in Court today be kept on record.

Learned counsel for the petitioner contends that, due to resistance being put up by the private respondent, the CESC Limited could not install a new connection to the petitioner's premises.

Such contention is corroborated by learned counsel for the CESC Limited insofar as resistance being put up is concerned.

Since the private respondent chooses to remain absent, despite service having been effected properly on

the said respondent, the matter is taken up ex parte in the absence of the private respondent.

Accordingly, W.P.A. No. 18167 of 2021 is disposed of by directing the respondent no. 2 to give new connection at the premises of the petitioner at the existing meter board position, subject to compliance of all formalities by the petitioner, within three days from the date of compliance of all requisite formalities by the petitioner.

It is made clear that, in the event of any resistance being put up by the private respondent no. 3 and/or her men and agents, the officials of the CESC Limited will be at liberty to approach the respondent no. 4, that is, the Officer-in-Charge, Beniapukur Police Station, for providing adequate police assistance with regard to such installation.

If such approach is made, the respondent no. 4 shall provide the police assistance, at the cost of the petitioner.

All parties shall act on the written communication of the learned Advocates of 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.)