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Calcutta High CourtWPA/23749/2024disposed

Bipin Kahar v. The Calcutta Electric Supply Corporation Ltd And ORS

2025-01-28Hon'Ble Justice Amrita Sinha2 pages

M/L 316 28.01.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 23749 of 2024 Bipin Kahar Vs.

The Calcutta Electric Supply Corporation & Ors. Mr. Haridas Das Mr. Ujjwal Trivedi Mr. Sujal Dey Ms. Shrey Das Mukherjee ... for the Petitioners.

Ms. Sreemoyee Mitra ... for CESC.

Mr. Sailendranath Chakraborty Ms. Tanuja Basak ...for the State.

Mr. Hafizur Rahaman ...for the private respondents.

1. Affidavit of service filed in Court today be retained with the records.

2. Instruction forwarded by the Officer-in-Charge, Cossipore Police Station signed on 23rd September, 2024 is taken on record.

3. The petitioner applied for electricity connection in his name and paid the amount quoted by CESC Limited. Connection could not be given allegedly because of the objection raised by the heirs of the deceased consumer.

4. Learned advocate representing the private respondents submits, upon instruction that, the heirs of the deceased consumer are not obstructing the petitioner from enjoying electricity from the existing meter.

5. Learned advocate representing the petitioner admits that the petitioner is enjoying electricity from the meter standing in the name of the deceased consumer.

6. It will be open for the petitioner to enjoy electricity from the said meter upon payment of the energy charges till the same is removed by the authority in accordance with law.

7. As the Court is not allowing the petitioner to obtain new electricity connection in his name, accordingly, it will be open for him to seek refund of the money deposited by him for obtaining new electricity connection. If such an application is made seeking refund of the money, CESC Limited shall take steps to refund the amount paid by the petitioner at the earliest.

8. The writ petition stands disposed of.

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

(Amrita Sinha, J.)