Anjali Rao @ Anjali Ray v. C.E.S.C. Limited And Others

12.01.2021 sb Ct23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 10949 of 2020 Ms. Anjali Rao @ Anjali Ray Vs.

C.E.S.C. Limited & Ors.

Mr. Ayan Banerjee, Mr. Suman Banerjee ... For the petitioner.

Ms. Sumouli Sarkar ... For CESC Limited.

Mr. Mahendra Prasad Gupta, Mr. Ayan Mitra, Ms. Antara Panja ... For the private respondent.

Pursuant to the order dated 6th January, 2021, CESC Limited, has inspected the premises on 9th January, 2021 at about 11.30 am, when the petitioner was present but the private respondent was absent.

A report signed by the District Engineer, Howrah District, CESC Limited, dated 9th January, 2021 is made over to the Court and is taken on record. The report is circulated among the parties. On perusal of the said report, it appears that CESC Limited, is ready and willing to give connection, provided the petitioner fixes up a ply board just on the left side of the existing meter box for affixing a new meter as the place in the existing

meter board is insufficient for affixing a new meter to give connection to the petitioner.

The private respondent says that if a ply board of reasonable size is affixed on the left side of the existing meter board only for the purpose of affixing the new meter, the private respondent will not object to the same, subject to the affixation of the same will not create any new right in favour of the petitioner apart from getting the connction.

In the facts and circumstances as aforesaid, the CESC Limited, is directed to raise a quotation upon the petitioner within 18th January, 2021.

Subject to the petitioner making all arrangement and paying the necessary cost and charges, the electricity connection to the petitioner will be given within five (5) days from the date of payment to be made by the petitioner.

It is expected that the private respondent shall cooperate with the officials of CESC Limited and the petitioner while the officials of the CESC Limited go for effecting new connection to the petitioner. The Inspector-in-Charge, Howrah Police Station, being the respondent no.4, is directed to ensure that there is not breach of peace at the time when the connection is given to the petitioner by CESC Limited.

It is made clear that the affixation of the ply board, the new meter and new connection therefrom to the petitioner will not create any right in favour of the petitioner or abridge or extinguish any right of the petitioner in connection with the premises wherein the petitioner is seeking the new electric connection save for the purpose of the electric connection.

Nothing further remains to be adjudicated in the writ petition and the same is accordingly disposed of without any order as to costs.

Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.

(Arindam Mukherjee, J.)