CESC LIMITED Vs. SK ANSAR ALI

JUDGEMENT

(1.) The present mandamus appeal has arisen out of the order dated 20th January, 2021 passed by the Hon'ble Single Bench on the writ petition being WPA 11107 of 2020 (Sk. Ansar Ali Vs. CESC Limited & Anr.). The said appeal and the connected stay application are taken up together with the consent of the parties upon treating the same on day's list since the parties to this appeal through their learned Counsel submitted before this Court that the issue involved in this appeal can be finally adjudicated upon without calling for affidavits on placing reliance on the report of the District Engineer, West Suburban District, CESC Ltd. prepared on the basis of the inspection carried out on 9th January, 2021 and was placed before the Hon'ble Single Bench which is also made part of the record of this appeal.

(2.) Whether the writ petitioner/respondent is entitled to get supply of electricity from a new meter to be installed by the appellants herein or from the existing meter already installed by the Calcutta Electricity Supply Corporation Limited (hereinafter referred to as "CESC") is the fulcrum which can be gone into by placing reliance upon Section 43 of the Electricity Act, 2003 (hereinafter referred to as "the Act of 2003") vis-a-vis Regulation 14 of West Bengal Electricity Regulatory Commission (Recovery of Expenditure for Providing New Connections) Regulations, 2013 (hereinafter referred to as "the Regulations of 2013").

(3.) The writ petitioner/respondent filed connected writ petition, inter alia, stating that he is one of the co-sharers of the premises No. W-159/5, S.A. Farooque Road, Kolkata - 700018 which is presently described as W-159/5, Akra Road (Metiabruz), Kolkata - 700018, P.S.-Rajabagan, where he resides with his family. The respondent applied for new electric connection for domestic use to his premises. Based on such application made by the respondent the CESC Authority inspected premises of the respondent on 4th December, 2020 and subsequently by letter dated 5th December 2020 rejected the application of the respondent on the ground that the premises of the respondent has already been provided with facilities of getting electric connection and further application for new connection would lead to splitting of electricity load for deriving the benefit of lower charges on placing reliance upon Regulation 14 of the Regulations of 2013. However, the respondent was advised to approach the concerned Regional Manager of CESC within 7 days from the date of communication of the said letter dated 5th December, 2020 if he is aggrieved by such refusal on the part of the CESC Authority.