Uday Sharma And ANR. v. Cesc Limited And ORS

D/L 10 19.11.2024 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 18627 of 2024 Uday Sharma & Anr.

Vs.

CESC Limited & Ors.

Mr. Indranil Halder ... for the Petitioners.

Mr. Suman Ghosh ...for CESC Mr. Munir Khan Mr. Soumyajit Chakraborty (Enrollment ID F/3486/3125/2022) ...for the private respondent 1.

Instruction forwarded by the District Engineer, South West District, CESC Limited dated 11th November, 2024 be retained with the records.

2. The petitioners pray for shifting of the block meter supplied by CESC Limited. On receipt of the application filed by the petitioners, CESC personnel sought to conduct a spot inspection. During the inspection it was found that the petitioners are residing in an eighty square feet room each along with other tenants. It was detected that the meter room where the block meter is installed is occupied by one Mr. Sanjit Saha, who uses the meter room as godown and keeps gas cylinder and other kitchen appliances thereat. Two live meters were found; one in the name of the petitioners and the other in the name of Mr. Chandra Bhushan Thakur. Other ten meters were found to be disconnected by the Loss Control Cell for theft of electricity. The respondent no. 4, Mr. Hari Shankar Pandey who has been alleged to be the objector, had a metered supply which stood disconnected for theft of electricity.

3. CESC personnel has regular access problem to the meter room. The authority has selected a technically suitable position that is

the outer wall of the existing meter room where all the existing meters can be shifted. The authority is ready to shift all the existing meters subject to compliance of all necessary formalities including payment of the requisite fees.

4. As the CESC personnel has already formed an opinion and has selected a technically suitable position for shifting all the electric meters, accordingly, the authority is directed to take steps for shifting the meter of the petitioners subject to compliance of all statutory formalities and upon payment of the requisite charges.

5. It will be open for CESC personnel to seek necessary police assistance at the time of shifting the meters subject to the costs being paid by the petitioners. On compliance of all the statutory formalities, the meters shall be shifted within a period of eight weeks.

6. The writ petition stands disposed of.

7. Leave granted to the learned advocate representing the private respondent to file Vakalatnama in the Department by the course of tomorrow (20.11.2024).

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)