Chandrakala Nayak vs Cesc Limited And Another
2021 Latest Caselaw 5842 Cal

  147
25.11.2021

TN

WPA No.13504 of 2021

Chandrakala Nayak Vs.

CESC Limited and another

Mr. Bidyut Kr. Halder, Mr. Indranil Halder .... for the petitioner

Ms. Sumouli Sarkar ....for the CESC Limited

Learned counsel for the petitioner contends that

the petitioner, as a tenant, is entitled to independent

connection of electricity in the tenant's own name.

However, it is argued that the CESC Limited is not

giving such connection despite the petitioner having

applied therefor.

Learned counsel for the petitioner places

reliance on two unreported judgments of co-ordinate

Benches - one dated July 19, 2017 passed in

W.P. 10456(W) of 2017 and the other dated February

5, 2021 in MAT 73 of 2021.

On the other hand, learned counsel appearing

for the CESC Limited hands over a Notification

pertaining to an amendment to the West Bengal

Electricity Regulatory Commission Regulations, which

is dated September 15, 2021, and places reliance on a

Division Bench judgment of this court dated August

12, 2021 passed in MAT No.117 of 2021 (with

WPA 11107 of 2020) to contend that, since there is a

specific allegation of the tenant seeking to split the

load, Regulation 14, as amended by the Regulatory

Commission Regulations, is attracted and the matter

has to be referred to a Grievance Redressal Officer

(GRO).

Upon hearing learned counsel for the parties,

the arguments are closed and judgment is reserved in

the matter.

(Sabyasachi Bhattacharyya, J.)