Dipankar Datta, J. - (1.) Supply of electricity could not be effected in favour of the petitioner by the CESC owing to want of access to the meter board because of objection at site by the added respondent.
(2.) In course of hearing the writ petition yesterday, a submission had been made on behalf of the CESC Limited by Mr. Suman Ghosh, learned advocate that it is for the petitioner, the prospective consumer, to arrange for access.
(3.) Prima facie, the submission did not appear to me to be sound. In terms of Section 67 of the Electricity Act, 2003 read with Rule 3 of the Works of Licensees Rules, 2006, the CESC Limited is obliged to approach the competent authority for obtaining way leave. When this was pointed out to Mr. Ghosh, reference was made by him to a particular regulation framed by the West Bengal Electricity Regulatory Commission (hereafter the Commission) which obliges the prospective consumer to apply for and obtain way leave in the prescribed format.;