Calcutta High CourtWPA/20128/2021disposed

Madan Chandra Mondal v. Cesc Limited And ORS

2021-12-14Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

14.12.2021 TN WPA No.20128 of 2021 Madan Chandra Mondal Vs.

CESC Limited and others Mr. Bidyut Halder .... for the petitioner Ms. Sumouli Sarkar .... for the CESC Limited Affidavit-of-service filed in court today be kept on record.

Despite service, none appears on behalf of the private respondent, although the petitioner as well as the respondent nos.1 and 2 are represented through counsel.

Learned counsel appearing for the petitioner contends that, despite having applied duly for new connection, the CESC Limited have been unable to give such connection due to the hindrance raised by the private respondent no.4.

Learned counsel for the CESC Limited corroborates such submissions and submits that, due

to forcible resistance given by the private respondent no.4 and her men and agents, the CESC Limited could not give the connection to the petitioner. Since the private respondent no.4 has chosen not to appear despite service, WPA No.20128 of 2021 is disposed of ex parte against the private respondent and on contest against the respondent nos.1 and 2, thereby directing the CESC Limited to give the new electric connection to the petitioner within December 21, 2021.

In the event the CESC personnel face any resistance and/or obstruction in doing so from any quarter, including the respondent no.4 and her men and agents, the CESC personnel will be at liberty to approach the respondent no.3, the Officer-in-Charge, M.P. Ghora Police Station.

If so approached, the respondent no.3 shall immediately grant adequate police assistance at the cost of the petitioner for the purpose of giving such connection.

The parties shall act on the written communication of the learned Advocates for the parties, accompanied by server copies 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 with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)