28-04-2025 AKG Ct. 15 WPA 4470 of 2025 Sri Rajib Das Vs.

CESC Limited & Ors.

Mr. Sujit Kumar Koley …for the Petitioner Dr. Madhusudan Saha Roy, Mr. Debanjan Chatterjee …for CESC Mr. Dyutiman Banerjee, Mr. Vishal Mallick …for Respondent No. 4 Mr. Avijit Sakrar …for Respondent Nos. 5 & 6 Mr. Diptendu Naryan Banerjee, Mr. Partha Sarathi Sen Sharma …for the State The petitioner seeks an electricity connection. The landlord objects to such connection, although the Calcutta Electric Supply Corporation Limited (CESC) has agreed to provide it.

The landlord submits that a suit for eviction is presently pending. It is further submitted that the petitioner, by making the same prayer, previously approached the competent Civil Court seeking an electricity connection, and that the application for injunction filed in connection with the said suit, seeking the same relief, was rejected by the learned Judge on August 3, 2022.

Learned advocate appearing for the landlord vehemently contends that, since the petitioner’s prayer for an electricity connection has already been declined by the Civil Court on identical grounds, the present writ petition is not maintainable.

Today, a supplementary affidavit has been filed by the petitioner, wherein he has given an undertaking to withdraw Suit No. 1291 of 2021, pending before the learned Civil Judge (Junior Division), 2nd Court, Alipore, which seeks the same relief of electricity connection.

Since the tenancy of the petitioner stands acknowledged, I am of the view that the CESC should proceed to effect the electricity connection, notwithstanding the landlord’s objection.

Accordingly, this writ petition is disposed of with a direction upon the CESC to effect the electricity connection from the existing meter board within a period of three weeks from the date of additional compliance, if any, by the petitioner.

The officer-in-charge, Chetla Police Station, shall render necessary assistance to the officials of CESC at the cost of the petitioner. The police shall also be at liberty to break open the padlock of the meter room, if required, for effecting such connection.

Accordingly, WPA 4470 of 2025 is disposed of.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)