Biswajit Chakraborty And ANR v. Calcutta Electric Supply Corporation Ltd And ORS

M/L 313 28.01.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 23599 of 2024 Sri Biswajit Chakraborty & Anr.

Vs.

Calcutta Electric Supply Corporation, CESC Limited & Ors. Mr. Mani Sankar Chattopadhyay Ms. Shalini Singh ... for the Petitioners.

Ms. Diana Ghosh Dastidar ... for CESC.

Mr. Sweta Mukherjee ...for the private respondents.

1. Affidavit of service filed in Court today is taken on record.

2. The petitioners seek new electricity connection at their tenanted premises. The petitioners have paid the amount quoted by CESC Limited for providing electricity connection.

3. The petitioners allege that despite receiving the payment, CESC Ltd. is not providing electricity connection.

4. Learned advocate representing CESC Limited submits, upon instruction that, the connection could not be given as it was found, upon inspection, that one electric meter which stood disconnected on 23rd November, 2023 exists in the meter room. There is place for installing only one meter and till the old disconnected meter is removed, new electric meter cannot be installed.

5. Learned advocate representing the private respondents submits that, a suit for eviction is pending before the Civil Court. It has been submitted that, the private respondents are not obstructing the grant of electricity in favour of the petitioners in the subject premises.

6. It has been brought to the notice of the Court by the learned advocate representing the private respondent that, an application has already been made by the heirs and legal representatives of the deceased consumer for removal of the disconnected meter.

7. In view of the aforesaid submissions, CESC Limited is directed to remove the disconnected meter and install the new meter in favour of the petitioners at the same place. The private respondents are restrained from creating any obstruction at the time of installation of the new electric meter.

8. Supply of electricity will not create any right or equity in favour of the petitioners in the pending suit.

9. The writ petition stands disposed of.

10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)