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Calcutta High CourtWPA/26852/2023disposed

Sri Sujeet Kumar Shaw v. Calcutta Electric Supply Corporation Limited And ORS.

2024-02-20Hon'Ble Justice Sabyasachi Bhattacharyya3 pages

AD-10 Ct No.09 20.02.2024 TN WPA No. 26852 of 2023 Sri Sujeet Kumar Shaw Vs.

Calcutta Electric Supply Corporation Limited and others Mr. Mihir Kumar Das, Mr. Swadhin Pan .... for the petitioner Mr. Suman Ghosh .... for the CESC Limited Ms. Tuli Sinha .... for the State 1.

Despite service, none appears for the private respondents at the time of call, although the petitioner and the CESC Limited are represented through counsel. Affidavit-of-service filed today be kept on record.

2.

It is the common contention of the appearing parties that despite the petitioner having applied for electricity connection and complying with preliminary formalities, due to resistance offered by the private respondents and/or their men and agents, the Calcutta Electric Supply Corporation Limited (CESC Limited) cannot give electricity connection to the petitioner.

3.

Learned counsel for the CESC Limited further adds that access has to be given to the CESC Limited personnel to the common meter board position and a main switch has to be installed by the petitioner to enable the CESC Limited to give such connection.

4.

Upon hearing learned counsel, it transpires that the petitioner is otherwise entitled to electricity connection but for the resistance of the private respondents.

5.

Learned counsel for the petitioner, on query of court, submits that his client is willing to install the main switch within a week from date.

6.

Accordingly, WPA No. 26852 of 2023 is disposed of by directing the petitioner to install the main switch required to get electricity connection within a week from date.

7.

Within a fortnight thereafter, the CESC Limited shall give electricity connection to the petitioner from the existing meter board position at the premises. In the event any obstruction is faced by the CESC Limited personnel, it will be open to the CESC personnel to approach respondent no.4, that is, the Inspector-in-Charge, Hastings Police Station for adequate police assistance which will be given at the cost of the petitioner by

acting on a server copy of this order. In the event any padlock or other hindrance is put up by the private respondents and/or their men and agents to resist the CESC personnel, it will be open to the police personnel to break open such padlock to give access to the CESC personnel to give the electricity connection to the petitioner at the premises.

8.

The report filed by learned counsel for the Staterespondent be kept on record. 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.)