Partha Ghosh v. Cesc Ltd And ORS

OD - 1 ORDER SHEET WPO 39 of 2021

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE PARTHA GHOSH VS CESC LTD AND ORS

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 18th February, 2021.

Appearance:

Mr. Anindya Lahari, Adv.

Mr. Amal Kumar Datta, Adv.

...for the petitioner Mr. Debanjan Mukherjee, Adv.

...for the respondent The Court : The petitioner, a practising advocate has applied for a new electric meter connection at his chamber at the 6th floor of 9, Old Post Office Street, Kolkata-700001. The petitioner has referred to a lease agreement between India Automobiles (1960) Ltd. and the petitioner dated 20th December, 2019 annexed to the said writ petition. It appears from the said lease agreement that India Automobiles (1960) Ltd. is the absolute owner and in possession of the property in question at the 6th Floor, 9 Old Post Office Street, Kolkata-700001 which measures about 116 sq. ft. The petitioner has been admittedly put into possession of the said room and is holding onto the same. The petitioner says that being in settled possession of the room in question at the 6th floor of 9, Old Post Office Street, Kolkata-

700001 is entitled to a metered electric connection from the existing service main at the said premises.

The petitioner also says that there are other office spaces at the 6th floor who have received connection from CESC limited, the licensee. On behalf of CESC limited, it is submitted that they intend to install a block meter for the 6th floor at 9, Old Post Office Street, Kolkata-700001 for safety purpose.

CESC limited being the licensee is free to take any safety measure for the purpose of supplying electricity but such measure is likely to take some time. Till such time, the petitioner cannot be made to wait for getting electric connection in his name for his chamber which will effect his livelihood.

In the facts and circumstances as aforesaid, I direct CESC limited to give a low tension meter connection to the petitioner from the existing service main at the premises in question subject to petitioner paying all costs and charges. CESC limited shall raise a quotation within 1st March, 2021 on the petitioner regarding the costs and expenses to be paid by the petitioner for getting a low tension meter connection in his name. Within four working days from the date of the petitioner making payment of such costs and charges, CESC limited shall give connection to the petitioner. The petitioner and CESC limited will be entitled to seek necessary police help, if required, for the purpose of the petitioner getting a new connection and

CESC limited in giving a new connection to the petitioner, in case of any difficulty.

Nothing further remains to be adjudicated in this writ petition, the same is accordingly disposed of.

Since I have not called for affidavits, the allegations contained in the petition are deemed to have not been admitted by the respondents. (ARINDAM MUKHERJEE, J.) sp3