Calcutta High Court (Appellete Side)
Sri Ashok Jhunjhunwala And Another vs The Calcutta Electric Supply ... on 25 April, 2023
D/L. 9.
April 25, 2023.
MNS.
WPA No. 9146 of 2023
Sri Ashok Jhunjhunwala and another
Vs.
The Calcutta Electric Supply Corporation
Ltd. and others
Mr. Tanmoy Mukherjee,
Mr. Souvik Das,
Mr. Rudranil Das
... for the petitioners.
Ms. Nandini Mitra,
Mr. Debanjan Mukherji
...for the CESC Limited.
Mr. Upendra Roy,
Ms. Manchan Roy
...for the private respondent no. 4.
A copy of the written objection given by the private respondent no. 4 to the CESC Limited shall be filed in Court during the course of the day and shall be tagged with the main file.
Learned counsel for the petitioners contends that the petitioners have purchased the entire second floor flat at 10, Durga Das Kuthi Lane, Howrah, from the private respondent no. 4. However, when the petitioners sought for a new electricity connection at such premises to continue their business, the private respondent 2 no. 4 objected to the same, giving rise to the present writ petition.
Learned counsel appearing for the private respondent no. 4 places reliance on a previous order passed in WPA No. 5672 of 2023 dated March 20, 2023, wherein it was, inter alia, observed that the petitioner therein (the present respondent no. 4) shall be at liberty to approach the CESC limited with a fresh representation indicating detailed reasons for apprehension of pilferage from the petitioner's electricity connection. If such approach was made, the CESC Limited was to act in accordance with law and in due process of law and do the needful as provided under the Electricity Act, 2003.
However, at the present juncture, the private respondent no. 4 has come to know that the pilferage was definitely being committed by the present petitioners, but apparently from Premises No. 10, Durga Das Kuthi Lane, Howrah and not the other premises under occupation of the petitioners, as alleged earlier.
Learned counsel appearing for the CESC Limited, on instruction, submits that the CESC Limited personnel were physically obstructed by private respondent no. 4 and/or his men and 3 agents when they went to have an inspection of the premises to ascertain the feasibility of giving a new electricity connection to the petitioners at 10, Durga Das Kuthi Lane, Howrah.
It is rightly suggested by learned counsel for the CESC Limited that the issues can be ironed out in the event an inspection is directed to be held by the CESC Limited, with police help, if necessary.
Since two disputes have arisen in the present case; first, regarding whether the petitioners are entitled to get electricity at 10, Durga Das Kuthi Lanne and secondly, whether the allegation of pilferage against the petitioners in respect of the same property is true, and as the issues are interrelated since the basis of such objection of the private respondent no. 4 is the alleged pilferage committed by the petitioners, the issues may be prima facie resolved if the CESC Limited is directed to hold an inspection on both scores.
Accordingly, the CESC Limited shall hold an inspection at around 12 noon on May 2, 2023 at holding No. 10, Durga Das Kuthi Lance, Police Station - Howrah, District - Howrah, Pin- 711 101 to ascertain as to whether the petitioners are 4 committing any act of pilferage with regard to the existing connection at such premises. In view of the date and time of inspection being hereby fixed, no further notice in that regardis required to be given by the CESC Ltd. to the parties.
The CESC Limited personnel shall further ascertain the feasibility of giving a new electricity connection to the petitioner, as per the petitioners' application, at the said premises.
A report in that regard shall be filed on the next returnable date in Court, upon prior circulation of copies of the same to the learned Advocates for the petitioners and the private respondent no. 4.
The matter shall next be listed for hearing on May 8, 2023.
(Sabyasachi Bhattacharyya, J.)