Krishnendu Dey v. Calcutta Electric Supply Corporation Ltd And ORS

OD 11 WPO/155/2024

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE KRISHNENDU DEY VS CALCUTTA ELECTRIC SUPPLY CORPORATION LTD AND ORS.

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date: 11th March, 2024.

Appearance:

Mr. Indrajit Bhattacharjee, Adv.

Mr. Murari Mohan Ganguly, Adv.

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

Mr. Aziz Amin, Adv.

...for the CESC Mr. Milan Kumar Maity, Adv.

...for the State The Court: Affidavit of service filed today be kept on record. Learned counsel for the petitioner submits that he wants a shifting of the existing electricity meter at the premise where he is a tenant. However, such shifting is not being done by the CESC Ltd. Learned counsel for the CESC contends that the meter stands in the name of the petitioner's father who the petitioner submits to have met his demise.

Moreover, the shifting sought by the petitioner is not technically feasible in view of the apprehended fire and electricity hazards as per the CESC Ltd. It is

also submitted by the CESC Ltd. that there are nine existing live meters at the existing meter board position of the premises and it is, thus, not possible to shift the petitioner's connection exclusively and piecemeal. Since such an objection has been taken on a technical count, the Writ Court is not the appropriate forum to decide the issue, nor is it an expert on the technical aspect of the matter. The designated authority under the extant regulations of the WBERC is the Grievance Redressal Officer (GRO) for deciding such disputes.

Accordingly, WPO/155/2024 is disposed of by granting liberty to the petitioner to approach the concerned GRO for resolution of the dispute raised before this Court. If so approached, the GRO shall decide the issue in accordance with law, upon giving an opportunity of hearing to the petitioner as well as the licensee and all other concerned, as expeditiously as possible, positively within eight weeks from the date of such reference being made. If the petitioner has any other grievance regarding disconnection of electricity by the private respondent-landlord, the petitioner will also be at liberty to approach the Civil Court where an eviction suit is pending between the said parties for appropriate reliefs in that regard. No order as to costs.

Urgent certified website copy of this order, if applied for, be made available to the parties subject to compliance with the requisite formalities. (SABYASACHI BHATTACHARYYA, J.) B.Pal