Shabnam Parveen vs Cesc Limited And Another
2022 Latest Caselaw 2812 Cal

    17
12.05.2022

TN

WPA No. 7045 of 2022

Shabnam Parveen Vs.

CESC Limited and another

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

Mr. Debanjan Mukherji .... for the CESC Limited

Learned counsel for the petitioner submits that

the CESC Limited has refused to give a new electricity

connection to the petitioner, who is a tenant in respect

of the premises-in-question, primarily on the ground

of apprehended splitting of load. Learned counsel cites

two unreported judgments of coordinate Benches of

this court, respectively dated July 19, 2017 [W.P.

10456(W) of 2017] and January 31, 2018 [W.P.

1927(W) of 2018], in support of the proposition that a

tenant is entitled to take independent electricity

connection in his/her own name at the tenanted

premises. It is, thus, contended that there cannot

arise any question of splitting of load in the event the

petitioner is treated to be independently entitled to an

electricity connection in his name in respect of the

tenanted premises.

However, learned counsel appearing for the

CESC Limited cites two unreported Division Bench

judgments of this court, respectively dated January

25, 2022 [FMA 398 of 2021] and February 05, 2021

[MAT 73 of 2021], in support of the contention that in

the event of apprehended splitting of load, such a

dispute has to be universally referred to the

appropriate authority for resolution.

Learned counsel for the CESC Limited submits,

in his usual fairness, that a similar issue is pending

for consideration in other writ petitions, which are due

to appear in the list on May 17, 2022.

Hence, let WPA No.7045 of 2022 appear in the

list on the same date, that is, May 17, 2022 for final

disposal.

(Sabyasachi Bhattacharyya, J.)