Barun Halder vs The State Of West Bengal And Others
2022 Latest Caselaw 7932 Cal

AD-05
Ct No.09
30.11.2022
TN
                           WPA No. 24986 of 2022

                                  Barun Halder
                                     Vs.
                       The State of West Bengal and others


             Mr. Arnab Sinha,
             Mr. Dyutiman Banerjee,
             Mr. Amartya Basu
                                                .... for the petitioner

             Mr. Bhaskar Chakraborty
                                                    .... for the State

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




                   Despite service, none appears for the private

             respondent.

The written instruction filed by learned counsel

for the State be kept on record.

The grievance of the petitioner, who is a tenant

in respect of the disputed property, is that despite the

CESC Limited being agreeable in principle to give a

new electricity connection to the petitioner in his

name at the existing meter board position, due to

obstruction created by the respondent no.6, the

landlord, such connection is not being given to the

petitioner.

Such stand is reiterated by learned counsel for

the Distribution Licensee.

It transpires from the records that a title suit

previously filed by the landlord, on the ground of

pendency of which the new connection was previously

not given to the petitioner, has since been dismissed

on contest by the concerned civil court.

Such contention is borne out by the photocopy

of the certified copy of the judgment and decree dated

December 23, 2021 passed by the Civil Judge (Junior

Division), First Court at Alipore, District: South 24

Parganas in Title Suit No. 418 of 2013, which is

annexed to the pleadings.

In view of dismissal of the suit, the matter is no

longer sub judice. Also, it is no longer res integra that

a tenant, being an occupant of a premises, is entitled

to get a separate electricity connection in his own

name, unless there are technical bars thereto.

Since the CESC Limited does not raise any

objection in the present case, WPA No. 24986 of 2022

is disposed of by directing the CESC Limited to give

the new electricity connection to the petitioner,

subject to compliance of all formalities by the

petitioner, at the existing meter board position,

preferably within two weeks from the date of

compliance of all formalities or this order, whichever

is later.

In the event the CESC personnel are resisted by

the respondent no.6 and his men and agents at the

time of giving such connection in any manner

whatsoever, it will be open to the CESC personnel to

approach the respondent no.5, the Officer-in-Charge,

Kasba Police Station, who will provide adequate forces

for lending assistance to the CESC personnel at the

cost of the petitioner for giving the electricity

connection to the petitioner at the existing meter

board position at the premises.

In the event any padlock or other hindrance is

put up by the respondent no.6 or any of his men and

agents to block the CESC personnel from doing so, it

will be open to the police personnel to break open

such padlock and/or remove such hindrance in order

to implement this order.

The police and all concerned shall act on the

server copy of this order, without insisting upon prior

production of a certified copy thereof.

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.)