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Judgment
Affidavit of service filed in Court today is taken on record.
None appears on behalf of the respondent nos.4 and 5. The affidavit of service reveals that the postal articles sent to the respondent nos. 4 and 5 have returned unserved with the endorsement “unclaimed”.
This writ petition alleges inaction on the part of the respondent CESC Authorities in disconnecting the electricity supply that stands in her name at the subject premises.
Learned Advocate appearing on behalf of the petitioner submits that the petitioner and her mother are presently residing at their maternal home and the electricity supply that had been obtained by the petitioner at the subject premises is being used by the respondent nos.4 and 5 without the petitioner’s consent. It is submitted that despite requests for disconnection of the said supply the respondent CESC Authorities have not yet disconnected it.
Mr. Ghosh, learned Advocate appearing on behalf of the CESC Authorities submits that several attempts have been made to inspect the premises and disconnect the electricity supply at the subject premises, however, the respondent CESC Authorities have been prevented from taking steps in such regard.
Since it is not in dispute that the electricity supply stands in the name of the petitioner, therefore, it is always within the rights of the petitioner to surrender such supply and seek disconnection thereof.
The private respondents do not have any right to object to such voluntary disconnection at the instance of the consumer in whose name, the electricity supply exists.
In such view of the matter, this writ petition is disposed of by directing the respondent CESC Authorities to conduct an inspection at the relevant premises and disconnect the electricity supply that stands in the name of the petitioner in terms of the petitioner’s request, in accordance with law within a period of one week from date.
In case, the CESC Authorities face any resistance at the instance, the said authorities would be free to approach the Officer-in-Charge, Belgharia Police Station seeking police assistance. If the said Officer-in-Charge is approached by the CESC Authorities, the said Officer-in-Charge would afford adequate police assistance to the CESC Authorities so as to enable them to execute the job of disconnection of the electricity supply standing in the name of the petitioner. Costs for such police assistance would be borne by the petitioner.
With the above observations, WPA 17621 of 2026 is disposed of. No costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.