Sushil Kumar Das v. The District Engineer Calcutta Electric Supply Corporation And ORS.

24.06.2024 Sl. No.35(DL) srm W.P.A. No. 22104 of 2023 Sri Sushil Kumar Das

Versus

The District Engineer, Calcutta Electric Supply Corporation & Ors.

Mr. P.K. Pakrashi ...for the Petitioner.

Mr. Debanjan Mukherjee ...for the CESC.

1. Leave is granted to the learned Advocate for the petitioner to correct the prayer portion of the writ petition, here and now.

2. Affidavit-of-service is taken on record.

3. The writ petition cannot be entertained. the petitioner seeks a direction upon the CESC Ltd. to remove preexisting underground cables.

4. It is an admitted position that the CESC authorities had laid down underground cables much before the petitioner became the owner of the land in question. Thus, the contention of the petitioner that the CESC should remove the underground cable connection which caters to the entire locality, cannot be accepted. The

petitioner cannot satisfy the court as to why he seeks such mandatory direction. No cause has been shown.

5. The existing underground cables were installed prior to the petitioner coming into the picture. The CESC Ltd. will ensure that the underground cables do not cause any inconvenience to the petitioner and safety regulations are followed.

6. Hence, the writ petition is dismissed.

7. There shall be no order as to costs.

8. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)