Kamala Yadav And ORS v. State Of West Bengal And ORS.

1st September, (AK) W.P.A 17589 of 2022 Smt. Kamala Yadav and others Vs.

The State of West Bengal and others Md. Shajahan Hossain Ms. Sanjida Sultana ...for the petitioners.

Mr. Debanjan Mukherji ...for the CESC Limited.

None appears for the private respondent despite previous service, although the petitioners and the CESC Limited are represented through counsel.

The grievance of the petitioner is that due to resistance put up by private respondent no.5, the CESC Limited is unable to give a new electricity connection to the petitioners, as per the petitioners' application. Learned counsel appearing for the CESC Limited corroborates the petitioners' stand to the extent that, due to resistance of the respondent no.5, such connection could not yet be given by the CESC Limited.

WPA 17589 of 2022 is disposed of accordingly by directing the CESC Limited to give the new service connection sought by the petitioners, subject to compliance of all formalities by the petitioners, preferably within three weeks from the compliance of such formalities.

In the event the CESC personnel face any obstruction from respondent no.5 and/or his men and agents at the time of giving such connection, it will be open to the CESC personnel to approach respondent no.4, the Officer-in-Charge of the Karaya Police Station for adequate police assistance in that regard. If so approached, the respondent no.4 shall act on the written communication of the learned Advocate for the petitioners along with a server copy of this order without insisting upon prior production of a certified copy and grant such assistance to the CESC personnel at the cost of the petitioners.

It is made clear that the respective right, title and/or interest of the petitioners and the private respondent have not been entered into while deciding the present writ petition.

There will be no order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)