Calcutta High CourtWPA/19323/2024disposed

Debraj Das And ANR. v. Cesc Limited And ORS.

2024-08-19Hon'Ble Justice Shampa Sarkar2 pages

August 19, 2024 Sl. No.14 Court No.9 s.biswas WPA 19323 of 2024 Sri Debraj Das and another vs.

The C.E.S.C. Limited and others Mr. A. B. Chakraborty Mr. Susanta Kr. Pal ... for the petitioner Mr. Debanjan Mukherjee ... for the CESC

1. The petitioners claim to be joint owners of a demarcated area, which they allegedly purchased in 2022, with specific boundaries. It is contended that a meter stands in the name of the mother of the respondent no.3 and is situated within the said premises. It is submitted that the same should be shifted.

2. The writ petition is disposed of with direction upon the CESC authorities to treat the writ petition as representation of the petitioner and take a decision, upon hearing the petitioners and the respondent no.3. The petitioner's prayer for shifting of the line still lying in the name of the mother of the respondent No.3, will be decided.

3. Learned advocate for the CESC submits that all meters are in a common meter board position.

Individual supplies are being granted from those meters to each of the consumers. If the meter of the respondent no.3 has been installed in a specific common meter board position, in that

event, the question of shifting the meter would not arise.

4. Having heard these submissions, this court is of the view that the authorities would be best equipped to decide the matter upon causing an inspection. A hearing shall be given to all the parties and a reasoned order shall be passed and communicated to the parties. If the meter is found to be in a common meter board position, then the authority will intimate the same to the petitioner and the reason why the same cannot be shifted. If the same can be shifted, steps shall be taken if the petitioner bears the cost of shifting. The entire exercise will be completed within a period of three months from the date of communication of this order.

5. The writ petition stands disposed of accordingly.

6. All the parties shall act on the basis of the server copy of the order.

(Shampa Sarkar, J.)