Calcutta High Court (Appellete Side)
Radha Nath Nandy vs M/S. Calcutta Electric Supply ... on 21 November, 2022
AD-50
Ct No.09
21.11.2022
TN
WPA No. 4260 of 2022
M/s MRK, represented by proprietor
Radha Nath Nandy
Vs.
M/s. Calcutta Electric Supply Corporation
Limited and others
Mr. Radha Nath Nandy
.... petitioner (in person)
Mr. Debanjan Mukherji
.... for the CESC Limited
At the time of call, none appears for the private
respondent, although the petitioner and the CESC
Limited are represented, in person and through
counsel respectively.
The grievance of the petitioner, appearing in
person with the leave of court, is that the petitioner's
application for a new service connection for running
his shop was refused by the CESC Limited.
Learned counsel for the CESC Limited submits
that there is already an existing service connection at
the same premises in the name of the private
respondent, who is apparently the landlord of the
petitioner. As such, it is not feasible, as per the CESC
Limited, to give another service connection to the
same premises which, if given, would create several
technical issues.
The petitioner cites an unreported judgment of a
coordinate Bench of this court dated June 19, 2019
passed in WP 10085 (W) of 2019 (Shree Ramdoot
Rollers Private Limited vs. Damodar Valley Corporation
& Ors.), for supporting his proposition.
However, it transpires from the said judgment
that the same was on a different footing and there was
a sale under the SARFAESI Act, 2002 on 'as is where
is' basis. The learned Single Judge had, in the
passing, observed that Regulation 4.6 of the extant
Regulations provide that the same applies to the
consumer applying for a fresh service connection after
the due termination occurs as a consequence of expiry
of 180 days after non-payment of dues by the same
consumer. The said Regulation was held not to have
any manner of application in the case cited by the
petitioner, who was completely a new consumer, it
was observed.
In the present case as well, Regulation 4.6 has
no manner of application, since the petitioner is a
tenant under the private respondent, the latter
already enjoying service connection at the premises
which is still subsisting.
In view of the stand taken by the CESC Limited
on a practical basis, the prayer of the petitioner
cannot be allowed in its present form.
WPA No. 4260 of 2022 is, thus, disposed of by
granting liberty to the petitioner to apply for a fresh
electricity metered connection for running his shop at
the premises-in-question. If so applied, the CESC
Limited shall process the application expeditiously
and give such connection to the petitioner from the
existing meter board position at the concerned
premises, subject to compliance of due formalities by
the petitioner in that regard.
In the event any resistance is offered from any
quarter to the petitioner in getting such connection, it
will be open to the CESC Limited to approach the local
police station for adequate police assistance, which
will be given at the cost of the petitioner by the said
police station.
It is further clarified that if the CESC personnel
face any hindrance, including any padlock being
affixed, in getting access to the existing meter board
position for the above purpose, the police officials will
be at liberty to break open such padlock or remove the
hindrance for the limited purpose of giving access to
the CESC personnel in the light of the above
observations.
It is, however, made clear that the respective
civil rights, title and interest of the private parties in
the litigation have not been gone into by this court
and it will be open to both the private parties, that is,
the petitioner and the private respondent, to urge
such points as available to them in law before any
appropriate forum.
There will be no order as to costs.
Urgent photostat certified copies of this order, if
applied for, be made available to the parties upon
compliance with the requisite formalities.
(Sabyasachi Bhattacharyya, J.)
