LAWS(CAL)-2023-1-143

TAPAN DAS Vs. STATE OF WEST BENGAL

Decided On January 18, 2023
TAPAN DAS Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal has been filed by the writ petitioner challenging three different orders passed in different petitions being the order dtd. 26/4/2022 passed in W.P.A. No. 5480 of 2022, the order dtd. 22/6/2022 passed in W.P.A. No. 10460 of 2022 and the order dtd. 8/9/2022 passed in W.P.A. No. 16990 of 2022.

(2.) The facts as indicated in the orders under challenge are that the appellant had approached the writ Court with the plea that his father, respondent No. 5 in W.P.A. No. 5480 of 2022 had transferred his property comprising of the building in possession of the appellant and his father to the private respondent No. 6. The further plea was raised that the electricity meter at the premises was also transferred to the said respondent and at the instance of that respondent, electricity meter was disconnected, hence the appellant has claimed a new electricity connection in his name. In W.P.A. No. 5480 of 2022, learned Single Judge has passed the final order dtd. 26/4/2022 directing the CESC to hold an inspection at the premises in question for the purpose of assessing the feasibility and requisites for giving new electricity connection in the name of the appellant and thereafter to give connection to the appellant expeditiously if feasible on compliance of all formalities. It was kept open to the CESC personnel, if resisted at the time of carrying out such inspection and/or giving such connection, to approach the concerned police station and there was a direction to the Officer-in-Charge of the concerned police station to give such assistance to the CESC personnel at the cost of the appellant.

(3.) The appellant had filed second petition being W.P.A. No. 10460 of 2022 and raised the plea that after installation of the meter, due to resistance of the private respondent, the appellant was not in a position to use the electricity meter. Learned Single Judge had disposed of the petition by leaving it open to the appellant to approach the appropriate criminal forum and/or civil forum for getting the adequate relief in this regard as the allegations in the petition were found to be within the ambit of the private dispute between the appellant and the private respondent.