Akd Jahanara Bibi Molla vs The Calcutta Electric Supply … on 17 May, 2017

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38 17.05.17 W.P. 13412 (W) of 2017
Ct. No. 2

akd Jahanara Bibi Molla
Vs.
The Calcutta Electric Supply Corporation Ltd. Ors.
——–

Ms. Sayanti Santra.

… for the petitioner.

Ms. Soma Roy Chowdhury.

… for the Licensee Co.

Mr. Jahar Dutta,
Mr. Jaladhi Das.

… for the State.

Despite service there is no representation on
behalf of the private respondents. The State and the
Licensee Company are represented.

The petitioner claimed to had married one Basir
Ali Molla on 19th November, 2011 and was residing in a
small hut with tally-shed at Dag No. 390, Mouza –
Shibhooghly, Khatian No. 607, J. L. No. 21, R. S. No.
495 at village Shibhooghly Dakshinpara, Jammu
Island, P. O. Paschim Rameshwarpur, Maheshtala,
Kolkata 700 141.

The petitioner was subjected to various tortures
and had to initiate a proceeding under Section 498A of
the Indian Penal Code. The petitioner has a child, who
is medically unfit. However, a settlement was arrived
between the petitioner and the in-laws that the
petitioner would have right of residence at the said hut.
Since then she claimed to be residing therein to the
exclusion of the other members of her in-laws.

Since the petitioner was enjoying electricity from
the common meter, no necessity was felt to have a
separate meter in her name until the private
respondent no. 5 disconnected the supply of electricity
already connected to the said hut.

The petitioner made an application to the
Licensee Company and had also deposited the requisite
amount required therefor.

The Licensee Company says that they were
obstructed by the private respondent and other
members of her family in installing the meter in the
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name of the petitioner and unless such obstruction is
removed, it would not be possible for the Licensee
Company to effect the supply of electricity to the
petitioner.

In absence of any representation on behalf of the
said private respondent, this Court is not in a position
to know the reason for such obstruction; even
otherwise the petitioner appears to be in occupation
and possession of the said hut and, therefore, as an
occupier is entitled to apply for electric connection.

This Court, therefore, directs the Licensee
Company to inspect and install the meter at the
common meter-board position in the name of the
petitioner within four weeks from the date of the
communication of this order, subject, however, to the
fulfillment of all other conditions and requirements
under the rules and regulations.

In the event the Licensee Company faces any
resistance or obstruction from the private respondent
or any corner, it is open to the officers of the Licensee
Company to approach the local police station and on
such approach the Inspector-in-Charge of the said
police station is directed to render all assistance, co-
operation and help to them in carrying out the
aforesaid work.

The writ petition is thus disposed of.
There will be no order as to costs.

(HARISH TANDON, J.)
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