Om Prakash Gupta v. Cesc Limited And ORS.

S/L 5 03.11.2025 Court No.25 Swd WPA 22787 of 2025 Om Prakash Gupta Vs.

CESC Limited & Ors.

Mr. Bidyut Kr. Halder, Mr. Indranil Halder, Ms. Neha Singh.

... for the Petitioner in WPA 22787 of 2025.

Mr. Pathik Bandhu Banerjee.

... for the CESC in WPA 22787 of 2025.

1.

The petitioner has filed the present writ application praying for the new electric connection. The petitioner is the tenant in respect of the premises No.120/H/1, Karl Marx Sarani, Kolkata - 700 023, P.S - Watgunge. The petitioner has obtained certificate from the Kolkata Municipal Corporation for enlistment for running the business in the premises but the private respondent is restraining of grant of electrical connection in the premises of the petitioner. The learned Counsel for the CESC submits that on receipt of the request made by the petitioner the CESC has visited the premises but there is an objection of the Respondent No.4 and the Respondent No.4 has also made a written complaint to the authority on 2nd July, 2025 raising objection with the contention that the petitioner is not a tenant in respect of the premises in question.

3 Heard the learned Counsel for the respective parties this court finds that the petitioner has applied for grant of electric connection but due to the objection raised by the private respondent the authority is not in a

position to provide electric connection to the petitioner. The petitioner has filed affidavit of service but in spite of service of notice none appears on behalf of the private respondent. The writ petition is disposed of by directing the CESC to inspect the premises of the petitioner within a week from the date of the receipt of this order.

If at the time of inspection of the premises, the private respondent, her men, agent, servant, restrained the officials of the CESC for inspection of the premises of the petitioner for providing electricity connection, the petitioner shall immediately make a complaint to the concerned police station and if any complaint is made to the police, the concerned incharge of the police station shall provide appropriate police protection to the petitioner and the official of CESC for inspection of the premises. If the CESC, on completion of the inspection, finds that it is feasible for grant of electric connection on compliance of all formalities by the petitioner, the CESC shall provide electric connection to the petitioner within four weeks after compliance of all formalities.

It is further made clear that at the time of providing the electric connection to the petitioner the private respondents or their men or agents raise any objection or restraining for providing electric connection in the premises, the petitioner shall approach the police authorities for police protection and the concern police authority shall provide police protection.

provided, the private respondent shall open the said padlock and if private respondent fails to open the same the petitioner in presence of police personnel shall break open the padlock only for the purpose of providing electric connection to the petitioner and the petitioner shall again put a new padlock and will hand over the key to the private respondent. All the cost shall be borne by the petitioner.

4 With the aforesaid observation WPA 22787 of 2025 is accordingly disposed of.

(Krishna Rao, J.)