← Library
Calcutta High CourtWPA/18703/2022disposed

Soumen Mondal v. Cesc Limited And ORS

2022-11-14Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

M/L. 84.

November 14, 2022.

MNS.

WPA No. 18703 of 2022 Soumen Mondal Vs.

CESC Limited and others Ms. Anjana Sen Gupta ... for the petitioner.

Mr. Debanjan Mukherjee ...for the CESC Limited.

Affidavit-in-reply filed in Court today be kept on record.

Despite previous service, none appears on behalf of the respondents.

Learned counsel for the petitioner contends that after initial hitches, the CESC Limited is ready to give electricity connection to the petitioner, but cannot do so, despite the petitioner having applied for the same, due to hindrance created by the private respondents/landlords.

Learned counsel for the CESC Limited agrees to such contention and submits that, apart from the obstructions raised, there is no other

difficulty in principle to give such connection to the petitioner.

In such view of the matter, WPA No.

18703 of 2022 is disposed of by directing the CESC Limited to give such connection to the petitioner as per his application, subject to compliance of all due formalities by the petitioner, within a fortnight from compliance of formalities or this order, whichever is later.

In the event the CESC Limited personnel face any obstruction in doing so from the private respondents and/or their men and agents, it will be open to the CESC Limited personnel to approach the respondent no. 3, that is, the Officer-in-Charge, Thakurpukur Police Station, for adequate police assistance.

If so approached, such assistance will be given by the respondent no. 3 on the basis of a server copy of this order at the cost of the petitioner.

It is made clear that the electricity connection, if given to the petitioner, shall not create any special right or equity in favour of the petitioner vis-à-vis the private respondents apart from those which the petitioner is otherwise entitled to in law.

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.)