Dipali Kha v. Calcutta Electric Supply Corporation Limited And ORS

09.12.2021.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 19415 of 2021 Dipali Kha -vs.- Calcutta Electric Supply Corporation Limited & Ors.

Mr. Pawan Kuamr Gupta, Mr. Dipak Shaw, Ms. Sofia Nesar ...for the petitioner Mr. Uday Sankar Bhattacharya, Ms. Banani Bhattacharya ...for the CESC Limited Despite service, none appears for the private respondents.

Affidavit-of-service filed in Court today be kept on record.

Learned counsel for the petitioner contends that the petitioner is being deprived of electric supply in view of the resistance being created by the private respondents, despite the petitioner having applied duly for a new electric connection.

Learned counsel appearing for the distribution licensee submits that, on principle, the CESC Limited has no objection to give such connection, subject to compliance of all formalities by the petitioner. However, the CESC personnel are facing a risk to life and limb due to the resistance created by the private

respondents and their men and agents, when the CESC personnel have gone to give such connection.

In such view of the matter, W.P.A. No. 19415 of 2021 is allowed, thereby directing the CESC Limited to give a new connection in the name of the petitioner at the premises-in-question, at the existing meter board location, subject to compliance of all formalities by the petitioner, preferably within a week after compliance of all formalities by the petitioner.

In the event the CESC personnel face any hindrance from the private respondent nos. 4 to 6 and/or their men and agents at the time of giving such connection, the respondent no. 7, that is, the Officer-inCharge, Malipanchghora Police Station, shall give adequate police assistance in that regard to the CESC personnel, at the cost of the petitioner, if so approached.

It is made clear that, in the event any padlock is affixed to the access/entry to the existing electric meter board location, it will be open to the police personnel to break open such padlock, for the limited purpose of enabling the CESC personnel to give such new electric connection.

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