Md Taiyab Ali v. Calcutta Electric Supply Corporation Limited And ORS.

26.02.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 26687 of 2023 Md. Taiyab Ali Vs.

Calcutta Electricity Supply Corporation Limited & Ors.

Mr. Wasim Reza ... for the petitioners Mr. Somnath Bose ...for the CESC Limited Ms. Rupsha Chakraborty ...for the State Mr. Rajib Mullick, Ms. Aayantika Saha ...for the respondent no. 3

1. At the outset, learned counsel for the State submits a report indicating that the location concerned does not come within the purview of the Burrabazar Police Station but within the territorial jurisdiction of the Hare Street Police Station.

2. It transpires from the submission of learned counsel for the Calcutta Electric Supply Corporation Limited (CESC Limited) on instruction that an electricity connection can be given to the petitioner, subject to compliance with all formalities by the petitioner, through a block meter.

3. Learned counsel for the private respondent/land owner submits that preferably the said application for block meter should be made by the tenants/market association.

4. However, the law is that if a requisite number of persons apply for a block meter, the same will be given by the Distribution Licensee at a congested area.

5. In such view of the matter, keeping the written instruction filed by the State on record, W.P.A. No. 26687 of 2023 is disposed of by directing the CESC Limited to give an electricity connection to the petitioner and other applicants, if any, through a block meter, if applied for, upon compliance of due formalities by the petitioner.

6. Such connection shall be given preferably within a fortnight from such application being made.

7. In the event any obstruction is faced by the CESC personnel from any quarter, it will be open to the CESC Limited to approach the Officer-inCharge/Inspector-in-Charge of the local Police Station, that is, the Hare Street Police Station for adequate police assistance, which will be given by the said police station by acting on a server copy of this order, at the cost of the petitioner.

8. In the event it is necessary, the police will be at liberty to remove any padlock or other hindrance for giving access to the CESC personnel to give such connection.

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 of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)