Ananda Kumar Sharma Vs Cesc Ltd. and Ors. — Calcutta HC (2024) — LawSathi Research

Ananda Kumar Sharma Vs Cesc Ltd. and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Electricity connection directed to be provided by CESC Limited to the petitioner within a fortnight; in case of obstruction by the private respondents, CESC may obtain police assistance from the Officer-in-Charge, Shibpur Police Station, with police given a free hand to remove obstructions or padlocks, such assistance at the petitioner's cost; no order as to costs.

Issue for consideration

Whether the petitioner, a tenant whose electricity supply was disconnected by the private respondents/landlords after they resiled from an alleged agreement to sell the property, is entitled to obtain an electricity connection in his own name from CESC Limited, having deposited the requisite amount. +1 more

Court's answer

The writ petition is allowed and CESC Limited is directed to give the electricity connection to the petitioner within a fortnight from the date of the order.

Ratio / Principle

If the private respondents or their men and agents raise any obstruction, CESC Limited may approach the Officer-in-Charge, Shibpur Police Station (respondent no. 6) for police assistance, which will be granted adequately at the cost of the petitioner; the police personnel will have a free hand in removing any obstruction, padlock or other hindrance put up by the private respondents to prevent access of CESC personnel.

Detailed headnote1 paragraphs

Petitioner, a tenant who claims a consensus was reached for him to purchase the property-in-question from the private respondents/landlords, states that the private respondents resiled and disconnected his electricity supply. Having deposited the requisite amount, he sought an electricity connection in his own name, which was not given, prompting this writ petition. CESC Limited submitted that due to resistance it could not give the connection but was otherwise willing to do so; none appeared for the private respondents despite service. Allowing W.P.A. No. 598 of 2024, the Court directed CESC Limited to give the electricity connection within a fortnight, and held that in the event of obstruction by the private respondents and/or their men and agents, CESC may approach the Officer-in-Charge, Shibpur Police Station (respondent no. 6) for adequate police assistance at the cost of the petitioner, the police personnel having a free hand in removing any obstruction, padlock or other hindrance preventing access of CESC personnel. No order as to costs.

18 06.03.2024 mb

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

W.P.A. No. 598 of 2024

Anand Kumar Sharma

Vs. CESC Limited & Ors.

Mr. Amitava Paine,

Mr. Vivek Kumar Tripathi …for the petitioner

Mr. Debanjan Mukherjee …for the CESC Limited

Mr. Tapan Coomaar Dey, Mr. Soumen Chattejee …for the State

According to the prayer of the learned advocate for the petitioner, leave is granted to the learned advocate for the petitioner to carry out necessary correction in the name of the petitioner in the cause title of the writ petition.

Police report filed today by learned counsel for the State be kept on record.

The petitioner claims to be a tenant in respect of the property-in-question. According to the petitioner, a consensus was arrived at that the petitioner will purchase the property from the private respondents/landlords. Subsequently, the private respondents resiled from such position and have disconnected the electricity supply of the petitioner.

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Hence, the petitioner seeks electricity connection in his own name, for which he has deposited the requisite amount, but the electricity connection has not yet been given to the petitioner, giving rise to the present writ petition.

Learned counsel for the CESC Limited submits that due to resistance, the CESC Limited could not give such connection, but is otherwise willing to give the same.

Despite service, none appears for the private respondents.

Further affidavit of service filed today in that regard be kept on record.

W.P.A. No. 598 of 2024 is allowed, thereby directing the CESC Limited to give electricity connection to the petitioner within a fortnight from date.

In the event any obstruction is raised by the private respondents and/or their men and agents, the CESC Limited shall be at liberty to approach the respondent no. 6, that is, the Officer-in-Charge, Shibpur Police Station, for police assistance, who will grant adequate assistance to the CESC personnel at the cost of the petitioner.

For giving such connection, the police personnel will have a free hand in removing any obstruction or padlock or other hindrance if put up

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by the private respondents to prevent the access of the CESC personnel.

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 of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)