Ashraf Ali v. Calcutta Electric Supply Corp. Ltd And ORS

OD - 22 WPO/1605/2023

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE ASHRAF ALI -VersusTHE C.E.S.C. LTD. & ORS.

BEFORE :

THE HON'BLE JUSTICE SABYASACHI BHATTACHARYYA Date : 25th September, 2023 Appearance:

Mr. Supratik Roy, Adv.

Mr. S. Bhattacharyya, Adv.

for the petitioner.

Ms. Tuli Sinha, Adv.

Mr. D. Dinda, Adv.

for the State.

Ms. Sreemoyee Mitra, Adv.

...for CESC Ltd.

The Court : Despite service, none appears for the private respondent. Learned counsel for the petitioner contends that due to resistance of the private respondent no.4, electricity connection cannot be given to the petitioner. Learned counsel for the CESC Ltd.

submits that respondent no.4 is obstructing the CESC Ltd. personnel from giving electricity connection and as such, there may be a direction for adequate police assistance.

In view of the above circumstances, WPO/1605/2023 is disposed of without costs by directing the CESC Ltd. to give electricity connection to the petitioner within a fortnight from date. In the event any obstruction is offered by the private respondent no.4 and her men and agent in doing so, it will be open to the CESC Ltd. personnel to approach respondent no.3, the Officer-in-Charge of Ekbalpur Police Station for adequate police assistance. If so approached, the respondent no.3 shall grant such assistance to the petitioner, if necessary, breaking open any padlock or removing any other hindrance for giving such assistance to the CESC personnel. Such police assistance shall be given at the cost of the petitioner by acting upon a server copy of this order. (SABYASACHI BHATTACHARYYA, J.) A/s.