Babu Das v. Calcutta Electric Supply Corporation Limited And ORS

14th December, (AK) W.P.A 23206 of 2022 Babu Das Vs.

Calcutta Electric Supply Corporation Limited and others Mr. Sabyasachi Mukherjee Mr. Mukesh Khanna ...for the petitioner.

Mr. Suman Ghosh ...for the CESC Limited.

Mr. Dyutiman Banerjee ...for the private respondent no.7.

Learned counsel for the CESC Limited files a report. It is indicated therein, inter-alia, that the private respondents are not residing at the premises of the petitioner and are not entitled to any meter at premises no.89/1, Pramod Pally, Shyamnagar, Kolkata-700055. The CESC Limited has expressed its willingness to provide a new service connection in favour of the petitioner at the new meter room/board position as and when it is completed, subject to the removal of the old disused service and all disconnected meters.

Learned counsel appearing for the private respondents disputes such averment.

However, since the CESC Limited is agreeable to give a new electricity connection to the petitioner at the new meter room/board position as and when completed, there cannot be any impediment to the exercise of such

right of the petitioner, conferred on him by Section 43 of the Electricity Act, 2003.

Hence, WPA 23206 of 2022 is disposed of by granting liberty to the petitioner to complete the new meter room/board position and immediately inform about the completion to the CESC Limited, upon which the CESC Limited shall raise a fresh quotation for giving new electricity connection to the petitioner.

Upon the petitioner paying the requisite amount and complying with all other formalities, the CESC Limited shall give such connection to the petitioner at the new meter room/board position within a fortnight from the date of compliance of formalities by the petitioner. In the event the CESC personnel face any obstruction from any quarter, including the private respondents and/or their men and agents, in doing so, it will be open to the CESC personnel to approach respondent no.6, the Inspector-in-Charge of the Lake Town Police Station.

If so approached, the respondent no.6 shall grant police assistance to the CESC personnel at the cost of the petitioner for the purpose of giving such electricity connection to the petitioner.

If need be, it will be open to the police personnel to remove any padlock or other hindrance, if obstructing the CESC personnel in giving such connection at the new meter room/board position to the petitioner.

Parties shall act on the written communication of the learned Advocates for the parties, coupled with server copy 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.)