JUDGMENT

A. K. Patnaik, J. —

Delay condoned in filing rejoinder affidavit. Leave granted.

2. This is an appeal by way of special leave against the impugned judgment and order dated 09.05.2008 of the Calcutta High Court in MAT No.514 of 2006.

3. The facts briefly are that the appellant owns a house in Dag No.408, Khatiyan No.1212, Mauja Panchpara P.S. Sankrail, District Howrah, West Bengal. The house of the appellant was not being supplied with electricity whereas the house located on Dag No.409, Khatiyan No.1212, was being supplied with electricity by the Calcutta Electricity Board Supply Corporation Ltd. (hereinafter referred to as ‘the distribution licensee’). The appellant approached the distribution licensee for supply of electricity but when the distribution licensee did not give an electricity connection for his house, he filed Writ Petition No.18220 of 2004 in the Calcutta High Court and by order dated 23.09.2004, learned Single Judge of the High Court disposed of the Writ Petition by directing the distribution licensee to effect supply of electricity to the house of the appellant within six weeks from the date of compliance of all the formalities by the appellant. Pursuant to the order dated 23.09.2004, the distribution licensee gave an electric connection and started supplying electricity to the house of the appellant.

4. On 10.01.2005, however, the respondent Nos. 1 to 3 filed Writ Petition No.345 of 2005 claiming that they were owners of the house situated on Dag Nos.406, 407 and 409, Khatiyan No.1212, Mouza-Panchpara, P.S. Sankrail, District, Howrah. Respondent Nos. 1 to 3 stated in the Writ Petition that the distribution licensee has provided electricity to the house of the appellant by an electric line taken through a passage located on Dag Nos.406, 407 and 409 which belongs to them and not the appellant. In this Writ Petition, respondent Nos. 1 to 3 prayed inter alia for a writ prohibiting the distribution licensee to give electric connection in favour of the appellant through the passage situated on Dag Nos.406, 407 and 409. By order dated 13.02.2006, the learned Single Judge of the High Court allowed the Writ Petition and directed the distribution licensee to disconnect the supply of electricity given to the appellant for using the land (Dag Nos.406, 407 and 409). The reason given by the learned Single Judge in order dated 13.02.2006 is that the appellant was not entitled to get supply through the land in Dag Nos.406, 407 and 409 until he established his right over the land in the civil court.

5. Aggrieved, the appellant filed an appeal being MAT No.514 of 2006 before the Division Bench of the Calcutta High Court but by the impugned order dated 09.05.2008, the Division Bench dismissed the appeal. The Division Bench took note of the fact that Civil Suit No.83 of 2004 filed by the appellant in the Court of Civil Judge (Junior Division), Howrah, in respect of the land was pending. The Division Bench held in the impugned order that until the private dispute between the appellant and respondent Nos. 1 to 3 was resolved in the civil court, the distribution licensee could not supply electricity to the house of the appellant through the disputed land.

6. Sub-section (1) of Section 42 and sub-section (1) of Section 43 of the Electricity Act, 2003 are quoted hereinbelow:

“42. Duties of distribution licensees and open access-(1) It shall be the duty of a distribution licensee to develop and maintain an efficient co-ordinated and economical distribution system in his area of supply and to supply electricity in accordance with the provisions contained in this Act.”

“43. Duty to supply on request-(1) Save as otherwise provided in this Act, every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply”

7. It will be clear from sub-section (1) of Section 42 that every distribu