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Calcutta High CourtMAT/2275/2024disposed

Shakil Ansari And ORS v. Cesc Limited And ANR

2024-12-18The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

18.12.2024 Item No.12 gd/ssd MAT/2275/2024 SHAKIL ANSARI AND ORS.

VS CESC LIMITED AND ANR.

IA NO: CAN/1/2024 Mr. Bidyut Kumar Halder, Mr. Indranil Halder ..for the Appellants.

Dr. Madhusudan Saha Roy ..for the Respondents.

1. This intra court appeal by the writ petitioners is directed against the order dated 11th December, 2024 in WPA 29469 of 2024 by which a report has been directed to be filed in the form of an affidavit by the respondents/CESC.

2. The learned advocate for the appellants apprehends that the writ petition will be listed under the caption "For Hearing" and there is every likelihood that it will not be heard immediately.

3. This apprehension appears to be not justified since the learned Single Bench has directed the matter to be listed in the 1st week of January, 2025 under the heading "Motion".

4. Apart from that, if any interim order is passed reconnecting the electricity connection which was disconnected, it will tantamount to allowing the

writ petition at the interim stage which is impermissible in law.

5. Therefore, we are not inclined to interfere with the impugned order as directed by the learned Single Bench.

6. Let the writ petition be listed before the Hon'ble Single Bench under the caption "Motion" on 6th January, 2025.

7. With the above directions, the appeal stands disposed of.

(T. S. SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)