Paltu Paul v. Cesc Limited And ORS.

24.06.2024 Sl. No. 14 ss W.P.A. 18138 of 2023 Paltu Paul Vs.

C.E.S.C. Ltd. & ors.

Mr. Shareq Siddiqui Mr. Shahnawaz Alam ... for the petitioner Ms. Debleena Dasgupta ... for the State Mr. Debanjan Mukherjee ... for the C.E.S.C. Ltd.

Affidavit of service is taken on record.

The petitioner alleges that the C.E.S.C. Limited had granted new connection in favour of the respondent no.4, through the land of the petitioner. Admittedly, the property is a joint property. The respondent no.4, since deceased, was a co-sharer and a partition suit is pending. This Court finds that there is no requirement for substitution of the heirs of the respondent no.4 as no order is being passed either in favour of the petitioner or against the deceased.

Thus, this Court does not find any reason to interfere with the action of the C.E.S.C. authorities. The new connection was given to the respondent no.4 pursuant to the order of a coordinate Bench of

this Court. Electricity is an essential commodity, which cannot be denied.

The petitioner is at liberty to proceed with the suit in accordance with law. The connection shall abide by the result of the suit.

With the above observations, this writ petition is disposed of.

All parties are to act on the basis of server copy of this order.

(Shampa Sarkar, J.)