C o u r t N . 2 2 S l 1 5 1 / C L 03.09.26 D/L Sl-01 Ct. 07 (Samar) WPA 10329 of 2026 Abhhoy Charan Basu Vs. The Calcutta Electric Supply Corporation Ltd. & Ors. Mr. Indranil Halder, Ms. Neha Singh, ….for the petitioner. Mr. Debabrata Ray, Ms. Sarbani Mukhopadhyay, ….for the respondent. Mr. Debanjan Mukherjee, …..for the CESC. 1. This writ petition has been filed alleging arbitrary action on the part of the respondent CESC authorities in not shifting the meter, electricity connection and the other electrical installations of the distribution licensee presently installed at the petitioner’s premises for the purpose of the effecting supply of electricity in favour of the private respondents to any place under the occupation of the private respondent. 2. Mr. Halder, learned advocate appearing for the petitioner submits that the private respondent is the nephew of the petitioner and that initially, the petitioner had permitted the private respondent to get the electrical installation installed at the petitioner’s premises for the purpose of taking electricity supply. However, with time, the relationship between the petitioner and the private respondents soured and as such, the petitioner 2 asked the private respondent to remove the said installations. 3. It is submitted that furthermore, due to the distribution licensee’s electrical installations being there at the petitioner’s premises, unknown persons keep on visiting the said place frequently to inspect the electrical installations which cause nuisance and disturbance to the petitioner. It is submitted that the petitioner made a representation before the respondents CESC authorities to shift the electrical installation from the petitioner’s place to some other place under the occupation of the private respondent, but the CESC authorities failed to do so. The petitioner has, therefore, approached this Court by filing the present writ petition. 4. Mr. Mukherjee, learned advocate appearing for the respondent CESC authorities submits that the distribution licensee is agreeable to shift the electrical installation from the petitioner’s property to a place under the occupation of the private respondent subject to the private respondent applying for new electricity supply along with tax bill or relevant documents in respect of the premises whereat, the electrical installations are to be taken. It is further submitted that the private respondents would also have to apply for removal of the meter in his name. 3 5. Mr. Ray, learned advocate appearing for the private respondent submits that the private respondent is agreeable to bear the charge of shifting however, CESC authorities have raised an exorbitant bill for the purpose of shifting. It is further submitted that the private respondent has already applied for shifting and in such regard, a bill for a sum of Rs. 2,52,777/- (Rupees Two Lakh Fifty Two Thousand Seven Hundred and Seventy Seven only) has been raised by the CESC authorities and the private respondent is finding it difficult to pay the same. 6. Heard learned advocates appearing for the respective parties and considered the material on record. 7. It is not in dispute that the premises whereat the electric line and the other electrical installation of CESC Limited through which electricity is being supplied to the private respondent is situated, belongs to the petitioner. 8. It is also not in dispute that CESC Limited has been able to find out an alternative way through which, electricity may be supplied to the private respondent without disturbing the petitioner’s premises. 9. The matter now needs to be resolved between the private respondent and the CESC Limited which they can do in accordance with law. 4 10. However, since the present case is not one where there is no way to supply electricity to the private respondent without disturbing the petitioner, CESC authorities cannot be intransigent to the petitioner’s request for shifting the electric line and electrical installation from the property of the petitioner without a request from the private respondent for removal of the meter and the electric line. They would do so now by order of this Court. 11. In case, the private respondent is agreeable to pay the requisite charges raised by CESC Limited in accordance with law CESC Limited would shift the electrical installation from the petitioner’s premises to the premises of the private respondent subject to the private respondent complying with all necessary formalities. The private respondent shall comply with all necessary formalities including payment of charges within a month from date. 12. In case the private respondent fails to comply with requisite formalities including payment of charges within the period of one month fixed by this Court hereinabove, CESC authorities would free to disconnect the electricity supply in favour of the private respondent so that the petitioner does not face any problem. 13. There is indeed a duty of the distribution licensee to supply electricity to a person in terms of Section 43 5 of the Electricity Act, 2003 but there is none to keep on effecting supply to a person by disturbing another despite there being an alternative route. 14. With the above observations, WPA 10329 of 2026 stands disposed of. No Costs. 15. 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.)