Calcutta High Court (Appellete Side)
Madhusudan Das vs 6.12.17 The State Of West Bengal & Ors on 6 December, 2017
Author: Debangsu Basak
Bench: Debangsu Basak
1
W.P. No.28398 (W) of 2017
Madhusudan Das
v.
06.12.17 The State of West Bengal & Ors.
SL-23
Ct-13 Mr. Sanjoy Ghosh ... for the petitioner.
(S.R.)
Mr. Gausul Alam ... for the State.
Mr. P. Das ... for the licensee.
Mr. Hiranmay Bhattacharyya
Mr. S. Bhattacharya ... for the respondent no.5.
Affidavit of service filed in Court be kept with the record.
The petitioner seeks a direction upon the Distribution Company to issue quotation for a new electric supply.
Learned advocate for the petitioner submits that, the petitioner is a tenant in respect of the property. There is a suit for eviction pending. He refers to the notice issued by the advocate for the private respondents in this regard.
Learned advocate for the Distribution Company submits that, the petitioner has not produced any document showing that, the petitioner is in settled possession for the Distribution Company to process such application.
Learned advocate for the private respondents submits that, the petitioner enjoys electric supply through a different meter.
Learned advocate for the petitioner, in reply, denies that, there is any meter existing in the name of the 2 petitioner.
The petitioner is a tenant. There is a suit for eviction pending. The petitioner should, therefore, be treated to be in settled possession in respect of the property concerned. The petitioner is, therefore, entitled to electric supply. The Distribution Company will proceed to assess the application for new electric connection made by the petitioner, in accordance with law. It will issue the quotation within seven days from date. Upon complying with the formalities for new connection and paying the amount covered under the quotation, the Distribution Company will endeavour to give electric supply to the petitioner within seven days thereafter. In the event, the Distribution Company faces any obstruction from any quarter, it is open for the Distribution Company to approach the police authorities for necessary assistance. The police authorities are directed to afford necessary assistance to the Distribution Company to implement this order, if it approached.
Neither this order nor the grant of electric supply by the Distribution Company will create any equity or right, and interest in favour of the petitioner, in any manner whatsoever other than those already enjoyed by him.
W.P. No.28398 (W) of 2017 is disposed of accordingly.
There shall be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon 3 compliance of the requisite formalities.
(Debangsu Basak, J.)