Sona Mondal v. Cesc Limited And ANR.

D/L. 21 February 7, 2024.

MNS.

WPA No. 28427 of 2023 Sona Mondal Vs.

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

Mr. Suman Ghosh ...for the CESC Limited.

1. The petitioner contends that the petitioner is in occupation of a particular property and relies on the Aadhaar Card of the petitioner in support of such contention. However, when the petitioner applied for separate electricity connection, the CESC Limited refused to give the same on the ground that there is already an existing service connection at the premises. The petitioner denies such stand and submits that the petitioner's uncle is enjoying a connection from an adjacent premise.

2. Learned counsel for the CESC Limited points out that the petitioner's application does not

contain any specific detail as to which part of the premises she is in occupation of.

3. Despite the same, the CESC Limited held an inspection, but found out that the petitioner does not have any separate occupancy in any particular segregable portion of the property.

4. The petitioner is in occupation of a property where the petitioner is also enjoying electricity from the service connection standing in the name of the petitioner's uncle. As such, the CESC Limited, at best, is willing to process an application for a separate metered connection, if the petitioner applies for and is otherwise eligible for the same.

5. Since factual disputes have arisen as to whether the premises of the petitioner already has a pre-existing service connection, the same cannot be decided within the limited conspectus of the writ petition.

6. Hence, WPA No. 28427 of 2023 is disposed of by granting liberty to the petitioner to approach the concerned Grievance Redressal Officer (GRO) with the disputes as raised therein.

7. If so approached, the GRO shall decide the same in accordance with law, after giving an

opportunity of hearing to all concerned, as expeditiously as possibly, positively within four weeks from the date of such reference.

8. There will be no order as to costs.

9. 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.)