Ashima Khatoon vs The State Of West Bengal And Others
2022 Latest Caselaw 5280 Cal

AD-36
Ct No.09
10.08.2022
TN
                            WPA No. 14804 of 2022

                                Ashima Khatoon
                                      Vs.
                        The State of West Bengal and others


             Mr. Giasul Islam
                                                     .... for the petitioner

             Mr. Uttam Kr. De
                                                         .... for the State

             Mr. Om Narayan Rai,
             Ms. Sumouli Sarkar,
             Mr. Sagnik Roy Chowdhury
                                               .... for the CESC Limited



                   Learned counsel for the petitioner contends that

             the   electricity   supply   to   the   petitioner   by   the

             Distribution Licensee, that is, the CESC Limited, has

             been continuously running below the usual voltage.

             Such deficiency in service, it is alleged, is causing

             inconvenience to the petitioner and damage to his

             appliances.

                   Learned counsel places reliance on a judgment

             reported at AIR 2002 SC 551 (Madhya Pradesh

             Electricity Board vs. Shail Kumari And Ors.) for the

             proposition that even if all measures are adopted, a

             person undertaking an activity involving hazardous or

             risky exposure to human life, is liable under law of

             torts to compensate for the injury suffered by any
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other    person,   irrespective   of   any    negligence   or

carelessness on the part of the managers of such

undertakings. The basis of such liability, it was held,

is the foreseeable risk inherent in the very nature of

such activity.

        Learned    counsel   appearing       for   the   CESC

Limited controverts such allegations and submits that

for a limited period, that is, between April 13 and April

29, 2022, due to construction of pillar by the Metro

Railways, there was a cable disconnection of the

CESC supply in the area. Since the cable remained

inaccessible throughout the said period, the CESC

Limited, in spite of best efforts, could not take any

remedial measures prior to April 29, 2022.

        However, the allegation of low voltage persisting

till now has been squarely denied by the CESC

Limited.

        Although the scope of granting the relief sought

by the petitioner in a writ petition is extremely limited,

since the writ court cannot take detailed evidence for

the purpose of assessing the same and granting a

remedy in the nature of a civil decree, as the CESC

Limited clearly controverts the stand of the petitioner,

an opportunity is required to be given to the CESC

Limited, on the prayer made by learned counsel for

the CESC Limited, for using affidavit.
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      Accordingly, the respondents shall file their

affidavits-in-opposition within a fortnight from date.

Reply, if any, shall be filed within a week thereafter.

The matter shall next be enlisted for hearing on

September 14, 2022.

(Sabyasachi Bhattacharyya, J.)