Ramesh Shaw v. C.E.S.C. Ltd And ORS

7th February, (AK) WPA 20341 of 2021 Sri Ramesh Shaw Vs.

Calcutta Electric Supply Corporation Limited and others (Via Video Conference) Mr. Soumyajit Das Mahapatra Mr. Supriyo Das Mr. Aman Baid ...for the petitioner.

Mr. Somnath Bose ...for CESC Limited.

Mr. Swapan Kr. Pal ...for the State.

The report filed by learned counsel for the CESC Limited today be kept on record.

It appears from the said report that the objections to a new service connection being given have been taken care of in the meantime and, as such, there is no impediment now to give such connection to the petitioner. However, learned counsel for the CESC Limited submits that the CESC apprehends resistance from the local people while giving such connection, based on its previous experience.

Despite service, none appears for the private respondents when the matter is called on for hearing although the petitioner, the CESC Limited and the State are represented through counsel.

Accordingly, WPA 20341 of 2021 is allowed, directing the CESC Limited to give a new service connection to the petitioner as per the petitioner's application at the earliest, preferably within three weeks from date.

In the event the CESC personnel face any hindrance in giving such connection, it will be open to the CESC personnel to approach the Officer-in-Charge, Tangra Police Station (respondent no.3) for police help in that regard.

The respondent no.3 shall act on the written communication of the learned Advocates for the parties, coupled with server copy of this order, without insisting upon prior production of a certified copy, for the purpose of compliance of the same and grant adequate police assistance to the CESC personnel for the limited purpose of having access to the proposed service position, at the cost of the petitioner.

It is made clear that in the event any obstruction is raised or padlock is affixed in the route of access of the CESC personnel to the said location, it will be open to the police personnel to break open such padlock and remove the hindrance for the limited purpose of giving access to the CESC personnel to the said service 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.)