Sk. Mosle Uddin v. Calcutta Electric Supply Corporation And ORS

M/L 70 13.02.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 24800 of 2024 Sk. Mosle Uddin Vs.

Calcutta Electric Supply Corporation & Ors.

Mr. Pradip Kumar Kundu Mr. Sk. Ahab ... for the Petitioner.

Mr. Debanjan Mukherjee ... for CESC Ltd.

1. Affidavits of service filed in Court today are taken on record.

2. The petitioner seeks new electric connection. He has complied with the formalities required for obtaining the same and has paid the quoted amount intimated by the CESC Limited. The CESC Limited was unable to provide electricity connection to the petitioner because of the resistance of the private respondents.

3. It appears that, a suit is pending consideration between the petitioner and the private respondents before the Civil Court. Vide order dated 28th June, 2024 passed by the learned Civil Judge, (Senior Division), 6th Court, Alipore in Title Suit No. 960 of 2017 the Court ordered that the petitioner would be entitled to avail electricity connection in his name in respect of the portion under his occupation where he resides with his family members.

4. As it appears that the petitioner has already been permitted to obtain electricity connection by the competent Civil Court, accordingly, the private respondents ought not to interfere with the men and agents of the CESC Limited at the time of effecting electricity connection to the petitioner's portion.

5. In view of the above, the instant writ petition is disposed of by directing the respondent no. 5 being the Inspector-in-Charge, Budge Budge Police Station to render necessary police protection and assistance to the men and agents of CESC Limited at the time of giving electricity connection to the petitioner.

6. The CESC Limited shall provide an overhead service line and loop meter connection in favour of the petitioner.

7. Steps shall be taken in the matter at the earliest, but positively within a period of four weeks from the date of communication of this order.

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 the requisite formalities.

(Amrita Sinha, J.)