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2007 Supreme(Cal) 3

JAYANTA KUMAR BISWAS
Amarendra Singh – Appellant
Versus
CESC Limited – Respondent


Advocates appeared:
Kishore Dutt and Upendra Roy, Advocates, for Petitioner; Soumik Mukherjee, Advocate, for CESC, Saptangshu Basu and Bimalendu Das, Advocates for (Nos. 11 to 14), Sanjib Kumar Mal and D. Mukherjee, Advocates (for No. 15), for Respondents.

ORDER :- The writ petitioner is alleging that though he was entitled to get new electricity connection, CESC failed and neglected to give connection, even after all formalities in terms of directions of CESC, were complied with by him, and he signified his willingness to pay the requisite charges. Counsel for CESC submits that through the existing line supply cannot be given to anyone in the premises in question. He says that supply, if is to be given, can be given only through a new connection. The question is whether CESC has failed to discharge its statutory duty cast by provisions in S. 43 of the Electricity Act, 2003.

2. The eleventh to fourteenth respondents, claiming to be the owners of the property, are contesting the case by filing an opposition. They have categorically denied claim of the petitioner that he is a Thika tenant in the premises. They have said that the petitioner is none but a rank trespasser and hence he would not be entitled to get any electric supply. Their counsel relies on my decision in Samsul Haque Mollick v. CESC Limited, AIR 2006 Cal 73. The fifteenth respondent claiming to be the tenant with respect to the portion of the premises in question, is also






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