Boddepalli Venku Naidu vs CESC Ltd. & Ors.

Let affidavit of service filed in Court today be kept on record.

Despite service of notice no one appears on behalf of the private respondent nos. 3 and 4 as well as the respondent no.7. No adjournment is sought for.

Mr. Manik Lal Poddar, learned advocate for the petitioner submits that the petitioner has already applied for new connection in the name of the petitioner to provide supply from the main meter board. Accordingly the petitioner deposited the entire amount as has been claimed by the Licensing Company. Unfortunately, due to obstruction made by the private respondent nos. 3 and 4 no connection was effected to the petitioner's rented portion of the said premises. Hence, the present writ petition.

Mr. Ram Chandra Guchhait, learned advocate for the Licensing Company submits that time and again the staff of the Licensing Company went to instal a new meter in the name of the petitioner to provide supply from the main meter board. Unfortunately, they have been prevented by the private respondent nos. 3 and 4. Accordingly no meter has been installed in the name of the petitioner.

Considering the submissions as advanced by the learned advocates for the parties and after perusing the record, I direct the Licensing Company to take step to instal a new meter in the name of the petitioner to provide supply from the existing main meter board without any further delay but positively within four weeks from the date of communication of this order provided the petitioner complies with all the formalities, if not already complied with.

If the Licensing Company requires some police assistance then the Officer-in-Charge, Dum Dum Police Station, North 24 Parganas, the respondent no.6 is directed to render all assistance and cooperation to the staff of the Licensing Company. If such police assistance is required then the police cost shall be borne by the petitioner.

Needless to mention, the enjoyment of electricity will not give any right or equity in favour of the petitioner if any eviction suit is being filed by the landlord in near future against the petitioner.

With this direction, the writ petition is disposed of.

No order as to costs.

Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.