Raj Kishore Gupta vs The Calcutta Electric Supply ...
2023 Latest Caselaw 3139 Cal

AD-09
Ct No.09
02.05.2023
TN
                             WPA No. 9786 of 2023

                              Raj Kishore Gupta
                                    Vs.
                   The Calcutta Electric Supply Corporation
                             Limited and others


             Mr. Kishore Dutta,
             Mr. Tanoy Chakraborty,
             Mr. Chhandak Dutta
                                                   .... for the petitioner

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

             Ms. Tuli Sinha
                                      .... for the respondent nos.4 & 5

Mr. Debanik Banerjee, Mr. Aniruddha Ganguly .... for the respondent no.6

The affidavit-of-service filed in court today be

kept on record.

The crux of the dispute between the parties is

that the petitioner alleges that due to continuous

disruptions of the electricity supply of the petitioner

by the private respondent and her agents, the

petitioner's electricity supply is being disconnected

time and again. It is submitted that at least on three

occasions, including lastly on January 04, 2023, such

disconnection took place. The learned Senior

Advocate for the petitioner further submits from the

materials annexed to the writ petition that there is

sufficient apprehension that it is the private

respondent and her people who are doing such

mischief.

Learned counsel appearing for the private

respondent submits that the private respondent is an

octogenarian lady and it is not possible for her to

commit the mischief as alleged by the petitioner. It is

further evident from the records that already there

has been substantial litigation between the parties,

including at least two pending suits, in one of which

the petitioner has sought reliefs with regard to alleged

disruptions of electricity supply of the petitioner by

the private respondent.

It is further seen from an order dated May 17,

2022 passed in WPA No. 7821 of 2022 that several

alternatives were discussed therein. One of such

alternatives was that the petitioner would be at liberty

to apply for shifting of the electricity meter of the

petitioner from the existing location to an alternative

location at the premises.

Learned counsel for the private respondent

places reliance on a Division Bench judgment of this

court reported at 2022 SCC OnLine Cal 190 (Ganesh

Chandra Purokait and Others vs. West Bengal State

Electricity Distribution Company Limited and Others)

where it was observed that the appellants therein

could not be permitted to avail parallel remedy. That

apart, the order of a status quo being existent and the

appellants having already filed application before the

trial court in the pending suit seeking permission for

electricity connection, they should prosecute their

pending application in the title suit. Hence, the

Division Bench affirmed the order of the learned

Single Judge in dismissing the writ petition on such

ground.

A careful perusal of the reliefs sought in the

petitioner's suit reveals that the entire allegations and

reliefs focus around the alleged disruptions of

electricity supply to the petitioner by the respondent

at the existing meter position.

However, the present prayer of the petitioner is

to be permitted to shift the location of the meter to a

common area in the property, to obviate the entire

apprehension of disruption by the private respondent.

Learned counsel for the CESC Limited submits

that for the purpose of ascertaining the feasibility of

shifting the meter of the petitioner to somewhere else

in the premises, where both the parties have joint

access, a further inspection is required to be held.

In view of such submissions, the CESC Limited

is directed to hold an inspection, upon prior notice to

the petitioner as well as the private respondents,

within a fortnight from date to ascertain the feasibility

of shifting the petitioner's electricity meter to an

alternative location in the same premises, where both

the petitioner and the private respondents will have

access and the same will be a common position in the

property. While making such enquiry, the CESC

Limited shall also look into the alternative of whether

it is feasible to shift the petitioner's meter in isolation

to the said alternative location and/or all the existing

meters at the existing position to such alternative

location without hampering the connectivity of

electricity supply to any of the parties.

A report in that regard shall be filed on the next

returnable date, upon prior circulation of copies

thereof between the learned Advocates for the parties.

The matter shall next be listed on May 17,

2023.

The report filed by learned counsel for the

State-respondent today be kept on record.

In the event any obstruction is created from any

quarter to the inspection being held by the CESC

personnel, it will be open to the said personnel to

approach respondent no.4, the Officer-in-Charge,

Bhowanipore Police Station for adequate police

assistance, which will be provided by the respondent

no.4 by acting on a server copy of this order at the

cost of the petitioner.

(Sabyasachi Bhattacharyya, J.)