Ganeshi Lal Ojha v. Cesc Ltd And ANR

OD 2 WPO/187/2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE GANESHI LAL OJHA VS CESC LTD AND ANR

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date: 27th March, 2024.

Appearance:

Mr. K.C. Garg, Adv.

Ms. Sumita Agarwal, Adv.

. . .for the petitioner.

Mr. Adil Rashid, Adv.

. . .for the respondents.

The Court: Affidavit of service filed in Court be taken on record. Learned counsel for the petitioner argues that the petitioner has applied for a new electricity connection in his capacity as a tenant in respect of the property. However, the CESC Ltd. is refusing to grant the same on the pretext that there would be apprehended splitting of load. It is argued that till now the petitioner has been enjoying electricity from the connection of his landlord and now seeks an independent connection. Hence, there shall not be any splitting of load. Upon query of Court, it is disclosed by learned counsel for the petitioner that there is no pending litigation between the petitioner and his landlord. As such, nothing is evident from the records to indicate that there is any reason for

a rift between the petitioner and his landlord. Be that as it may, since the appropriate authority to decide such issues is the concerned Grievance Redressal Officer (GRO) under the WBERC Regulations, the matter is best left to the GRO to be decided.

Hence, WPO 187 of 2024 is disposed of with liberty to the petitioner to approach the concerned Grievance Redressal Officer having territorial jurisdiction to decide the dispute raised in the present writ petition. If so approached, the GRO shall decide the same in accordance with law upon giving opportunity of hearing to all concerned, as expeditiously as possible, preferably within six weeks from the approach being made. It is made clear that this Court has not gone into the merits of the matter at all and it will be open to the GRO to decide all issues independently without being influenced by any of the observations made herein. 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.) sp/