Ramkrishna Nandi v. Calcutta Electric Supply Corporation Limited And ORS

20.12.2021.

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IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20218 of 2021 Ramkrishna Nandi -vs.- Calcutta Electric Supply Corporation Limited & Ors.

Mr. Samiran Mondal, Mr. Abhinaba Dan, Mr. Nitish Samanta ...for the petitioner Mr. Debanjan Mukherjee ...for the CESC Limited Despite service, none appears for the private respondent, although the petitioner and the CESC Limited are represented through counsel.

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

It is contended by the petitioner that, despite being a tenant of the premises-in-question and being entitled to an electric connection, such connection has not been given by the CESC Limited as yet.

Learned counsel for the CESC Limited contends that the new connection, as sought by the petitioner, would amount to splitting up the load, which is not permissible in law. However, learned counsel for the CESC Limited, in his usual fairness, submits that the

CESC Limited has no objection in the event a new connection is given to the petitioner at the existing meter board position in said premises, subject to the petitioner complying all requisite formalities in that regard.

Accordingly, W.P.A. No. 20218 of 2021 is disposed of by directing the CESC Limited to give a new electric connection in the name of the petitioner from the existing electric meter board, if otherwise permissible in law, subject to compliance of all due formalities by the petitioner.

For such purpose the CESC Limited, through its personnel, shall conduct a further inspection, if necessary, within a week from date.

Thereafter, the CESC Limited shall make all endeavour to give a new connection to the petitioner, subject to the entitlement otherwise of the petitioner in law and also subject to compliance of all necessary formalities by the petitioner, as expeditiously as possible, preferably within a week from such compliance.

The CESC personnel will be at liberty to approach the respondent no. 4, that is, the Officer-inCharge, Chitpur Police Station, Cossipore in the event any obstruction is raised by the private respondent and/or her men and agents in giving such new connection and/or taking inspection, if any.

In the event such an approach is made, the respondent no. 4 shall give such police help immediately at the cost of the petitioner.

It is made clear that this Court has not gone into the merits of the respective cases of the private respondents and the petitioner in any other litigation, including eviction suit, if pending between the said parties.

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.)