Noor Mohammad @ Doma & Anr vs Mst. Ahmedi Begum & Ors on 11 June, 2012

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Calcutta High Court (Appellete Side)

Noor Mohammad @ Doma & Anr vs Mst. Ahmedi Begum & Ors on 11 June, 2012

Bench: Pinaki Chandra Ghose

                                                                                  1


    1.
11-06-2012
   d.d.
                            MAT No.495 of 2012
                            (CAN 2831 of 2012)

                       Noor Mohammad @ Doma & Anr.
                                  Vs.
                        Mst. Ahmedi Begum & Ors.


                     Mr. C. R. Chakraborty,
                     Mr. M. A. Rahaman
                                          ....... For the Appellants.
                     Mr. Aslam Khan,
                     Ms. Maitrayee Mahata
                                           ...... For Respondent No.1.

Mr. Subrata Dutt, Mr. Anupam Dasadhikari ..... For the CESC Ltd.

Mr. Jahar Lal De, Ms. Anjusree Mukherjee ...... For the State.

Let the defect under report be removed here and now.

Instead of taking up the stay application, by consent of the parties, we hear out the appeal by treating the same as on day's list.

This appeal has been arising out of a judgment and order dated 13th March, 2012 passed by the Hon'ble Single Judge in W. P. No.4339 (W) of 2012.

This appeal has been filed challenging the direction given by the trial Court in favour of the writ petitioner after compliance with the rules, as provided, to get the new connection.

It is submitted on behalf of the appellant that a civil suit is pending before the trial Court and that is the reason, they have filed this writ petition so that their rights, which are yet to be decided and adjudicated upon by the learned trial Court, cannot be affected by the order so passed by the Hon'ble Single Judge in allowing the application to get the supply of the writ petitioner.

We have heard the learned Counsel for the parties.

It appears that the matter is already covered by a Special Bench decision wherein it is held that even an occupier would get the benefit to have the supply of electricity. In view of that, we do not intend to pass any other order excepting that the right, title and interest of the petitioner, as claimed in the civil suit, will not be affected by the order so passed by the Hon'ble Single Judge and the CESC Ltd. is directed to comply with the order passed by the trial Court within a period of four weeks from the date of communication of this order.

The order passed by the trial Court is affirmed by this Court, excepting the observations made by us in the preceding paragraph.

The appeal and the application are disposed of.

Urgent certified photostat copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities.

( Pinaki Chandra Ghose, J. ) 3 ( Dr. Mrinal Kanti Chaudhuri, J. )

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Calcutta High Court (Appellete Side)