Nitish Chandra Nandy v. The Calcutta Electricity Supply Corporation Limited And ORS

29.11.2021 TN WPA No.18326 of 2021 Nitish Chandra Nandy Vs.

The Calcutta Electricity Supply Corporation Limited and others Mr. Falguny Bandyopadhyay, Mr. Manas Ghosh ....for the petitioner Mr. Om Narayan Roy, Mr. Subrata Santra ....for the CESC Limited Affidavit-of-service filed in court today be kept on record.

The grievance of the petitioner is that, due to non-shifting of the electric meters of the private respondents from the petitioner's premises, the petitioner is unduly suffering hazards.

It is submitted further that appropriate representations were given by the petitioner and previous co-ordinate Benches have passed directions to consider the objection of the petitioner, but to no effect.

Learned counsel appearing for the Calcutta Electricity Supply Corporation (CESC) Limited submits, on instruction, that for the CESC Limited to consider the shifting of meters of the private respondents, the said private respondents have to apply online in accordance with due process, upon which the CESC Limited has to inspect the premises and then take a call on such shifting.

There is justification in the contention of the CESC Limited, since the CESC Limited would be acting beyond its authority in shifting the electric meters of the private respondents at the behest of the petitioner, without any formal application on the part of the private respondents.

As it is submitted by learned counsel for the petitioner that the private respondents are agreeable to such shifting, WPA 18326 of 2021 is disposed of by granting liberty to the private respondents to file online applications for the purpose of shifting their meters from the petitioner's premises. Upon such applications being made, the CESC Limited shall, in accordance with law, take an inspection of the meter boards and the location of the electric meters and take a decision on the shifting of the meters. In the event the CESC Limited decides to shift such meters, the CESC Limited shall take all endeavour to complete

such shifting, upon compliance of all formalities by the private respondents in that regard, at the earliest. 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 with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)