Calcutta High Court (Appellete Side)
Goutam Manna vs West Bengal State Electricity on 5 January, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
1
January 05,
2018
R.C.
W.P. 30911 (W) OF 2017
Goutam Manna
Vs.
West Bengal State Electricity
Distribution Company Limited & Ors.
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Mr.Hiranmoy Bhattacharya
Mr. Kamal Mishra
Mr. Tamal Taru Panda,
...for Petitioner
Mr. Nilanjan Adhikari
...Respondent no.6,
Mrs. Bandana Basu, ...for WBSEDCL Mr.Anil Kumar Gupta, ...for State The petitioner seeks transfer of a meter box in the name of the private respondents from the area under occupation of the petitioner to the area under the occupation of the private respondent.
The learned advocate appearing for the private respondent submits that, there is an order of status quo passed by a Civil Court existing. The writ Court should not intervene.
The learned advocate appearing for the Distribution Company submits that, on an inspection being carried out, the house of the petitioner was found to be locked.
An order of status quo passed by the Civil Court cannot be construed to mean that the occupants of the premises governed by the order of status quo would not enjoy any electric supply from the Distribution Company or that the Distribution Company is prevented from rearranging the supply to the benefit of the occupants therein. In the present case, the petitioner 2 seeks relocation of the meter box belonging to the private respondent from the area under the occupation of the petitioner to the area under occupation of the private respondent. It is just and equitable to do so. In my view, it will not breach the order of status quo passed by the Civil Court.
In such circumstances, the Distribution Company will make necessary arrangements for the purpose of shifting the meter box standing in the name of the private respondent lying in the area under occupation of the petitioner to the area under the occupation of the private respondent as expeditiously as possible. The petitioner will put in all the costs, charges and expenses in respect of the shifting. The Distribution Company is at liberty to seek police assistance in the event it faces any obstructions from any quarter. The police authorities are directed to render police protection to the Distribution Company in implementing this order.
It is clarified that, this order will not create any equity, right, title and interest in respect of the property concerned in any manner whatsoever apart from those already enjoyed by the parties by the shifting of the meter boa. It is expected that the Distribution Company completes the entire exercise within fortnight of all the costs, charges, and expenses being paid by the petitioner.
W.P. 30911 (W) OF 2017 is disposed of.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
( DEBANGSU BASAK, J. ) 3 4 5