Refcon Services vs Represented By Md. Noor Alam Versus Calcutta Electric Supply Corporation (Cesc) Limited & Ors

Affidavit of service filed by the petitioner in Court today be kept on record.

Despite service of notice, no one appears on behalf of the private respondents either on earlier occasion and even today. No adjournment is sought for.

The petitioner files the present writ petition for direction upon the licensing company to install a new meter in the name of the petitioner to enjoy domestic supply from the existing meter board.

Mr. Ali, learned Advocate appearing for the petitioner, submits that the petitioner is the monthly tenant under the private respondent no.5. Since the private respondent no.5 failed to accept the rent, therefore the petitioner has started to deposit the same with the concerned Rent Controller. Mr. Ali submits that the petitioner has applied for installation of a new meter in the name of the petitioner to enjoy supply from the existing meter board. To that effect the petitioner has already deposited the entire money as has been demanded by the licensing company. In spite of that no steps have been taken till today by the licensing company to install a new meter in the name of the petitioner. Hence the present writ petition.

Ms. Smita Das De, learned Advocate appearing for the licensing company, vehemently opposes the submission of Mr. Ali. She further submits that time and again the staff of the licensing company went to install a new meter in the name of the petitioner to effect supply from the existing main meter board. Unfortunately they have been prevented by the private respondent nos.5 and 6. Therefore no meter could be installed to effect supply.

After hearing the submissions advanced by the learned Advocates for the parties and after perusing the materials on record, I direct the licensing company to take steps to install a new meter in the name of the petitioner to enjoy domestic supply from the existing 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.

To execute this order if the licensing company requires some police assistance then the Officer-in-Charge of Ekbalpur Police Station is directed to render all assistance and cooperation to the licensing company. If such police help is required, the cost of the same shall be borne by the petitioner.

Needless to mention, the enjoyment of electricity will not create any right or equity in favour of the petitioner if in future any suit for eviction is filed by the private respondents against the petitioner.

With this direction, this writ petition is disposed of.

No order is passed as to costs.

Urgent certified copy of this order, if applied for, be supplied to the parties subject to compliance with all the requisites.