Zainul Abedin v. The Cesc 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. 20437 of 2021 Zainul Abedin -vs.- CESC Limited & Ors.
Md. Sarwar Zahan, Md. Ibrahim ...for the petitioner Mr. Debjit Mukherjee ...for the CESC Limited Mr. Narayan Chandra Bhattacharyya, Ms. Sujata Ghosh ...for the State Despite best efforts to serve on the private respondent, such service could not be effected, as submitted by learned counsel for the petitioner, due to the private respondents being unavailable at the lastknown address of the private respondents. Affidavit-of-service filed in Court today be kept on record.
Learned counsel appearing for the petitioner argues that the petitioner has applied for getting a new electric connection, which has not been given as yet by the CESC Limited.
Learned counsel appearing the CESC Limited contends that the CESC personnel could not hold any
inspection at the premises and get access to the existing meter board position for the purpose of checking the feasibility to give a new connection. It is further submitted that, at the time of inspection, the CESC personnel found that a padlock had been installed on the entry point of access of the personnel to such meter. In such view of the matter, W.P.A. No. 20437 of 2021 is disposed of by directing the CESC Limited to hold an inspection at the premises to explore the feasibility and legality of giving a new electric connection at the existing meter board position at the premises where the new connection has been sought.
In the event the CESC personnel face any obstruction to such inspection and/or giving new electric connection, subject to compliance of all formalities, the CESC personnel will be at liberty to approach the respondent no. 4, that is, the Officer-inCharge, Tiljala Police Station, for adequate police assistance.
The respondent no. 4 shall act on a server copy of this order and give necessary police help at the cost of the petitioner to the CESC personnel for the purpose of holding an inspection as well as giving a connection, on the application of the petitioner.
The above order has been passed in the absence of the private respondent in view of the fact that the CESC Limited has not yet received, as per
submission of learned counsel for the CESC Limited, any specific written objection to the connection till now. However, it is made clear that the CESC Limited shall, after holding the inspection as directed above, form an informed opinion as to the feasibility and legality of giving electric connection to the petitioner at the premises-in-question at the existing meter board position.
If the event the CESC Limited finds on inspection that such new connection can be given at the existing meter board position, the CESC limited shall give such connection as expeditiously as possible, preferably within a week from the compliance of all formalities in that regard by the petitioner. 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.)