Swapan Kumar Debnath v. The Cesc Ltd And ORS

OD 1 WPO/788/2021

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SWAPAN KUMAR DEBNATH

Versus

THE CESC LTD AND ORS.

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date: 13th December, 2021.

(Via Video Conference) Appearance:

Mr. Raghunath Chakraborty, Adv.

Ms. Manisha Nath, Adv.

Ms. Sarda Sha, Adv.

...for the petitioner Mr. O.N. Rai, Adv.

...for CESC Ltd.

Mr. Joyjit Roy Chowdhury, Adv.

...for the respondent no.4 The Court: Supplementary affidavit filed in Court today be taken on record. Learned advocate for the petitioner, who is also an advocate by profession, contends that, despite the petitioner having applied for transfer of the existing electric meter, which originally stood in the name of the petitioner's deceased senior, who has since expired, in his own name, the CESC Ltd. had been taken no steps in that regard initially. Subsequently, only recently, an inspection was held by the CESC Ltd. personnel. The petitioner is also agreeable to the electric connection being restored at the existing consumer name in which it is standing, in the alternative of transferring the name on the meter, but alleges that due to such disconnection the petitioner and other learned advocates sitting in the premises are suffering.

Leaned advocate appearing for the CESC Ltd. submits that it is not for the first time that the personnel of the CESC Ltd. had an inspection of the premises for the purpose of ensuring the feasibility of connection. Learned advocate submits that the CESC personnel observed that the electric connection given by the CESC Ltd. to the concerned meter is still live and the petitioner is at liberty to engage his own electrician to take appropriate steps in the event there is an internal disconnection at the behest of somebody else. In such view of the matter, the petitioner is granted liberty to engage the petitioner's own electrician in order to restore internal electric connection from the main supply line of the CESC Ltd. at the concerned meter of the petitioner, which shall not create any equity and/or confer such right ipso facto in favour of the petitioner or anyone else. WPO/788/2021 is disposed of in terms of the above observations. There will be 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