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Calcutta High CourtWPA/24541/2023allowed

Tapati Bhaduri v. Cesc Limited And ANR.

2023-12-11Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

D/L. 3.

December 11, 2023.

MNS.

WPA No. 24541 of 2023 Tapati Bhaduri Vs.

CESC Limited and another Mr. Bidyut Kumar Halder, Mr. Indranil Halder, Ms. Neha Singh ... for the petitioner.

Mr. Debanjan Mukherji ...for the CESC Limited.

1. Learned counsel for the CESC Limited files a report in court today. Let the same be kept on record.

2. It is apparent from the report that the petitioner is requiring electricity in a hutment. The CESC Limited has alleged that in the locality, other hutments are receiving electricity through a block meter in the name of Raja Road Business Association.

3. It has also been stated in paragraph 4 of the report that the petitioner is getting "adequate supply" through a sub-meter situated on a wall of a temporary stitching unit, situated next door to the premises-in-question.

4. Learned counsel for the petitioner argues that the petitioner seeks a domestic connection, which has no nexus with Raja Road Business Association, which might be a commercial connection.

5. That apart, it is found from the report of the CESC Limited itself that the petitioner is at present getting supply from a sub-meter situated in a different temporary stitching unit, which is situated next door and not in the premises or in the name of the petitioner.

6. Since the petitioner has the right to get an independent electricity connection at his premises, the said present user of electricity from somebody else's meter cannot be an impediment in giving such connection to the petitioner in the petitioner's own name.

7. Accordingly, WPA No. 24541 of 2023 is allowed, thereby directing the CESC Limited to issue an offer letter to the petitioner for the purpose of giving independent connection to the petitioner. Such offer letter shall be issued within a week from date.

8. Upon the petitioner complying with all due formalities, the CESC Limited shall give

electricity connection to the petitioner at the earliest, positively within a fortnight thereafter.

9. There will be no order as to costs.

10. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.)