Amal Mandal v. Calcutta Electricity Supply Corporation Ltd And ORS

4th January, (AK) WPA 20635 of 2021 Amal Mondal Vs.

Calcutta Electric Supply Corporation Limited and others (Via Video Conference) Ms. Falguni Bandopadhyay ...for the petitioner.

Mr. Somnath Bose ...for CESC Limited.

Despite service, none appears for the private respondents.

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

It is submitted by learned counsel for the petitioner that, despite having applied for reconnection of electric supply, the petitioner has not been granted such supply as yet by the CESC Limited, primarily due to resistance put up by the private respondent nos.3 and 4. Learned counsel appearing for the CESC Limited submits that, subject to compliance of all due formalities by the petitioner, the CESC Limited is agreeable to give a new connection in the name of the petitioner at the premises-in-question, for which an Offer Letter has already been issued by the CESC Limited.

Since it is evident that the petitioner has a right under Section 43 of the Electricity Act to have an electric connection at the premises in the petitioner's name, of

course, subject to compliance of formalities, the private respondents cannot create any hindrance in such connection being given.

Accordingly, WPA 20635 of 2021 is allowed, thereby directing the CESC Limited to give a new electric connection to the petitioner, subject to compliance of all formalities in that regard by the petitioner, within a week from the date of compliance of formalities and/or from this day, whichever is earlier.

In the event any resistance is created to such connection being given by the private respondents, it will be open to the CESC personnel to approach respondent no.5, the Officer-in-Charge of the Dumdum Police Station, for police help.

If so approached, the respondent no.5 shall give such assistance for the purpose of giving electric connection to the petitioner to the CESC personnel, at the cost of the petitioner.

The parties shall act on the written communication of the learned Advocates for the parties, coupled with 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 copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)