ABHHOY CHARAN BASU vs CALCUTTA ELECTRIC SUPPLY CORPORATION LTD. AND ORS.

03.09.26


WPA 10329 of 2026

Abhhoy Charan Basu
D/L
Sl-01
Ct. 07
(Samar)
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

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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.

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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.

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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

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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.)