Calcutta High Court (Appellete Side)
Sc W. P. No. 20628 (W) Of 2015 Nazima Begum vs State Of West Bengal & Ors on 31 August, 2015
Author: Dipankar Datta
Bench: Dipankar Datta
1
34 31.8.15
Sc W. P. No. 20628 (W) OF 2015 Nazima Begum
-vs.-
State of West Bengal & Ors.
with
W. P. No. 20044 (W) OF 2014 Sk. Mobarak
(Disposed of) -vs.-
Calcutta Electricity Supply
Corporation Limited & Ors.
------------
Syed Shahid Imam Ms. Anjali Agarwal.
....For the Petitioner in W.P.20628(W) of 2015 & for the Respondent No.6 in W.P. 20044 (W) of 2014 (disposed of).
Mr. Samrat Sen Mr. Amitava Mitra Ms. Paromita Pal.
....For the State in W.P. 20628 (W) of 2015.
Mr. Om Narayan Rai ....For the CESC in W.P.20628(W) of 2015.
Sk. Mobarak, the respondent no.5 in this writ petition had presented W.P. No.20044 (W) of 2014 before this Court seeking an order on the C.E.S.C Limited to supply him electricity.
The said writ petition was considered on 8th June, 2015 by the Hon'ble Justice Tapabrata Chakraborty. Mr. Shahid Imam, learned advocate for Nazima Begum, the respondent no.6 in W.P. No. 20044 (W) of 2014 (the petitioner in this writ petition) had placed before the Bench a site plan in which a three feet wide common passage had been marked by yellow line. It had been submitted by Mr. Imam that Nazima Begum would have no objection if electricity is supplied to Sk. Mobarak by drawing supply line through the said common passage.
Such site plan, unfortunately, is not to be found in the file of W.P. No.20044 (W) of 2014.
2Be that as it may, it has been gathered that the C.E.S.C. Limited upon consideration of such site plan had raised certain objections and a fresh map/plan was submitted on its behalf before the Hon'ble Justice I. P. Mukerji on 29th June, 2015 when W.P. No.20044 (W) of 2014 was taken up for consideration by His Lordship. It was disposed of on 29th June, 2015, inter alia, directing as follows :-
"In those circumstances, I direct the District Engineer, C.E.S.C. Limited, Howrah District to ensure that electricity connection is afforded to the petitioner in accordance with the map/plan submitted to this court and that while carrying out this exercise there is no encroachment whatsoever to the property individually held by the respondent No.6 or any other person. The respondent-licensee will intimate in advance the date or dates when this electricity connection would be afforded to the writ petitioner. The Officer-in-Charge of the local police station will render assistance, if requested to do so by the respondent-licensee. This electricity connection will abide by any final decree or order passed by the civil court in the civil dispute between the parties pending before it."
According to Mr. Rai, learned advocate for the C.E.S.C. Limited, the direction to effect supply of electricity to Sk. Mobarak was made on the basis of the map/plan submitted by the C.E.S.C. Limited. This submission has been opposed by Mr. Imam, learned advocate for Nazima Begum.
It is difficult for this Bench to decide which of the two versions is correct. Having regard to the fact that 3 W.P. No.20044 (W) of 2014 was disposed of by the Hon'ble Justice I. P. Mukerji, interest of justice would be best served if this writ petition is placed for consideration before His Lordship subject to an order being passed in this regard by the Hon'ble the Chief Justice.
Office Office is directed to place the writ petition before the Hon'ble Chief Justice for appropriate order.
(Dipankar Datta, J.)