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Calcutta High CourtWPA/22602/2022allowed

Tapas Bhowmik v. Cesc Limited And ORS

2022-11-15Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

15th November, (AK) W.P.A 22602 of 2022 Tapas Bhowmik Vs.

CESC Limited and others Mr. Kushi Prasun Chatterjee ...for the petitioner.

Mr. Debanjan Mukherjee ...for the CESC Limited.

Despite service, none appears for the private respondents.

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

Learned counsel for the petitioner contends that due to resistance created by the private respondent nos.4 to 6 and their men and agents, who are neighbours of the petitioner, the petitioner, despite being the rightful owner of a property, is not getting electricity connection at the premises.

Learned counsel for the CESC Limited also submits that due to obstruction created by the private respondents, such connection is not being able to be given to the petitioner.

As an occupant and prima facie being the owner, the petitioner is entitled to get electricity connection.

As such, WPA 22602 of 2022 is allowed, thereby directing the CESC personnel to give electricity supply to the petitioner, subject to compliance of all formalities, as expeditiously as possible, preferably within two weeks from this date or the date of completion of all formalities by the petitioner, whichever is later.

If the CESC personnel face any obstruction in doing so, it will be open to the said personnel to approach the respondent no.3, that is, the Inspector-in-Charge of the Belur Math Police Station for adequate police assistance in that regard.

If so approached, the respondent no.3 shall act on the communication of the learned advocates, accompanied by a server copy of this order, without insisting upon prior production of a certified copy to grant such assistance to the CESC personnel at the cost of the petitioner.

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.)