- (1.) This is an appeal from an order dated 20th March, 2019 passed by a learned single judge of our Court.
(2.) It appears from the said order that by an earlier order dated 14th February, 2019, CESC was directed to pass a reasoned order regarding electricity connection to the appellant. They made a reasoned order on 7th March, 2019, the material part of which is inserted below : " The petitioner resides at Prms. No. B/31/II/8, Malanga Lane, Kolkata - 700012 where there is no existing service/meter board position. There is a common service/meter board position at Prms. No. B/31/H/9, Malanga Lane, Kolkata - 700012 where meters of consumers of hutment nos. B/31/H/7, B/31/H/8 and B/31/H/9 are also located. This meter board position is also close to the petitioner's premises. There is adequate space in the meter board position at hutment no. B/31/H/9, Malanga lane, Kolkata-700012 for installation of additional meters. It is also an admitted position that at the common meter board at B/31/H/9, the meters of neighbouring hutments are lying installed and this position has been confirmed by Sri Jagadish Ch. Ghosh in his submissions during the hearing. Hence his objection to installation of the meter of the petitioner at such meterboard is without any lawful basis. Moreover Sri Ghosh has no right to object as the common service/meterboard is the property of the Licensee Company who is under statutory obligation to install new meters for fresh applicants at such meter board. Hence I hold that the objection being raised by Sri Ghosh is not tenable in the eye of law as it is without any basis. Such objection therefore cannot be sustained and is accordingly turned down. The mains Engineer, Calcutta Central District is directed to proceed with the application of the Writ Petitioner by installing a new meter in his favour at the existing common meter board position at hutment no. B/31/H/9, Malanga Lane, Kolkata- 700012 with the assistance of Local Police Station at the cost of the Writ Petitioner, Sri Jagadish Chandra Ghosh, the Respondent no.4 is directed to render his co-operation by allowing free access to the existing common meter board position for facilitating installation of the proposed new meter in favour of the Writ Petitioner. Let the order be circulated to all concerned parties."
(3.) In a review application on 20th March, 2019, the Court directed implementation of the 7th March, 2019 decision. Whilst hearing the appeal, on 9th July, 2019, we sought an opinion from an independent organization, namely, West Bengal State Electricity Distribution Company Limited. ;