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Calcutta High CourtWPA/19344/2022disposed

Manoj Kumar Goyal v. Cesc Limited And ORS

2022-09-02Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

S/L. 66.

September 2, 2022.

MNS.

WPA No. 19344 of 2022 Sri Manoj Kumar Goyal Vs.

CESC Limited and others Ms. Susmita Chatterjee, Ms. Dipannita Ganguly ... for the petitioner.

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

Mrs. Jhuma Chakraborty, Mr. Aritra Ghosh ...for the State.

On the prayer of learned counsel for the petitioner, leave is granted to the petitioner to expunge the name of respondent no. 6.

The necessary consequential amendment to the cause title of the writ petition shall be carried out by the learned Advocate for the petitioner during the course of the day.

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

In view of service having been effected on all the parties, the matter is taken up for hearing. The contention of the petitioner is that due to obstruction created by respondent nos. 4 and

5, the CESC Limited has not yet been able to give electricity connection to the petitioner. Learned counsel appearing for the CESC Limited submits that when the CESC Limited personnel went for holding an inspection to ascertain the feasibility of giving a loop meter, they were obstructed by the respondent nos. 4 and 5 and their men and agents.

Upon hearing learned counsel for the petitioner, the CESC Limited and the State, WPA No. 19344 of 2022 is disposed of by directing the CESC Limited to hold an inspection for the purpose of ascertaining the feasibility of giving a new electricity connection to the petitioner as per the petitioner's application via loop meter or otherwise. Upon such inspection and if satisfied that the new connection is feasible, the CESC Limited shall give such connection, subject to compliance of all formalities by the petitioner as expeditiously as possible, preferably within a fortnight from compliance of formalities by the petitioner.

In the event any obstruction is offered by the private respondent nos. 4 and 5 and/or their men and agents at the time of taken such inspection and/or giving such connection, it will

be open to the CESC Limited personnel to approach the respondent no. 3, that is, the Officer-in-Charge of the Shibpur Police Station, for necessary police assistance in that regard. If so approached, the respondent no. 3 shall act on the written communication of the order by the learned Advocate for the petitioner, accompanied by a server copy of this order, without insisting upon prior production of certified copy thereof, and give such assistance to the CESC Limited personnel at the cost of the petitioner.

In the event any padlock is put up in the approach way of the CESC Limited personnel to the existing meter board location, it will be open to the police authorities to remove such padlock forcibly, if need be, sfor the limited purpose of giving access to the CESC Limited personnel to the existing meter board position.

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.)