C o u r t N . 2 2 S l 1 5 1 / C L 12.08.26 D/L Sl-02 Ct. 07 (Samar) WPA 8258 of 2026 Mobina Haque Vs. CESC Limited & Ors. Mr. Wasim Reza, ….for the petitioner. Mr. Debanjan Mukherjee, ….for the CESC Ltd. Mr. Sanjay Mukherjee, Mr. Priyadip Paul, ….for the respondent no. 4. 1. This writ petition has been filed alleging arbitrariness on the part of the respondent CESC authorities in transferring the electricity supply that stood in the name of the petitioner’s husband; in favour of the private respondent. 2. Mr. Reza, learned advocate appearing for the petitioner submits that the petitioner is the wife of the recorded consumer and that the recorded consumer expired on May 24, 2020. It is submitted that the petitioner being the wife of the recorded consumer had been consuming electricity through the meter that stood in the name of her husband. 3. It is submitted that CESC authorities have illegally transferred the supply that stood in the name of the petitioner’s husband; in favour of the respondent no. 4. 4. Mr. Mukherjee, learned advocate appearing for the CESC authorities files a report in Court in terms of the order dated April 09, 2026 and submits that 2 CESC authorities transferred the meter in the name of the private respondent no. 4 upon an application to such effect being filed by the respondent no. 4 along with all the requisite accompaniments. It is submitted that for the purpose of transferring a supply standing in the name of a registered consumer - in favour of an intending consumer, a consent of the registered consumer is required. It is submitted that such consent was provided to CESC authorities in the format prescribed an annexure – ‘A2’ to the application for transfer. 5. Mr. Mukherjee, learned advocate appearing for the private respondents submits that the petitioner does not have any right, title and interest in respect of the subject property and as such, the application for transfer was made by the private respondent. 6. Upon going though annexure- ‘A2’ which is the format for no objection of a registered consumer for the purpose of transfer of supply standing in the name of such registered consumer in favour of an intending consumer, (which has been appended to the report filed by CESC authorities), it is apparent that such consent was given on November 19, 2020. Since it is not in dispute that the petitioner’s husband (who was the recorded consumer) had passed away on May 24, 2020, therefore, it was impossible for the respondent no. 4 to obtain consent of such person on November 19, 2020. On 3 such score alone, the transfer of electricity supply that stood in the name of the petitioner’s husband in favour of the respondent no. 4 requires to be annulled. 7. Accordingly, CESC authorities are directed to cancel the transfer that has been effected in favour of the respondent no. 4 forthwith and restore the name of the registered consumer. Since the petitioner is the wife of the registered consumer, therefore, the petitioner will be entitled to apply for transfer of the said supply in her name. If such application is made, CESC authorities would immediately transfer such supply in the name of the petitioner upon the petitioner complying with all formalities required therefor. It is made clear that holding electricity supply or transference of electricity supply in favour of the petitioner or the private respondent would not create any equity in favour of either of the parties. 8. Accordingly, WPA 8258 of 2026 stands disposed of. No Costs. 9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Om Narayan Rai, J.)