Back
High Court Of Calcutta
A. K. Ganguly, Tapan Kumar Dutt
SHYAMA SINGH - Appellant
Versus
CESC LIMITED - Respondent
M. A. T. 227 Of 2005
Decided On : 02/23/2005
Electricity Connection - Dispute over Grant of Electricity Connection - The court declined to interfere with the order directing the electricity connection to the writ petitioner, emphasizing the writ petitioner's entitlement under relevant statutory provisions and the pendency of related civil suits. The court also clarified that the grant of electricity connection would not affect the rights of the parties in the pending proceedings and allowed the CESC authorities to take police assistance if any resistance was offered.
Fact of the Case:
The court considered an application for leave to file an appeal along with a stay petition and a petition under section 5 of the Limitation Act. The dispute revolved around the grant of electricity connection to the writ petitioner, who was initially inducted by the present petitioner as a licensee. The present petitioner had also filed a civil suit for eviction of the writ petitioner from the premises.
Finding of the Court:
The court declined to interfere with the order directing the electricity connection to the writ petitioner, citing the writ petitioner's entitlement under relevant statutory provisions and the pendency of related civil suits. The court also clarified that the grant of electricity connection would not affect the rights of the parties in the pending proceedings and allowed the CESC authorities to take police assistance if any resistance was offered.
Issues: Grant of leave to file an appeal, stay petition, petition under section 5 of the Limitation Act, entitlement to electricity connection, pending civil suits, and potential resistance to the grant of electricity connection.
Ratio Decidendi: The writ petitioner was entitled to the grant of electricity connection under relevant statutory provisions, and the pendency of related civil suits did not warrant interference with the order directing the electricity connection to the writ petitioner.
Final Decision: The application for leave to appeal and all other connected applications were disposed of, with no order as to costs. The court allowed the CESC authorities to take police assistance at the cost of the writ petitioner if any resistance was offered to the grant of electricity connection.
( 2 ) THE subject-matter of dispute is the grant of electricity connection to the respondent/writ petitioner. On a writ petition being filed (W. P. No. 5550 (W)/ 04) by the writ petitioner for grant of new electricity connection, a learned judge of this Court by an order datrd 10th June, 2004 disposed of the writ petition by directing the CESC authorities to give connection upon completion of necessary formalities. The present petitioner before us was not a party to the said proceeding, as such, an application has been filed for leave to file an appeal along with the stay petition and also a petition under section 5 of the Limitation act.
( 3 ) CONSIDERING the facts and circumstances of the case and also considering the admitted position that the writ petitioner was initially inducted by the present petitioner as a licensee as per the version of the present petitioner, we do not think that we need to interfere with the order passed by the learned judge of the Writ Court. It is also not in dispute that a civil suit being Title suit No. 369/02 is pending between the present petitioner and the writ petitioner in which the present petitioner has prayed for eviction of the writ petitioner from the premises in question.
( 4 ) BE that as it may, from the aforesaid fact it is clear that under the relevant statutory provision the writ petitioner is entitled to grant electric connection. We are also informed that other suits are also pending between the parties. In that view of the matter, we make it clear that the grant of electric connection to the writ petitioner in view of the order passed by the learned Judge of the Writ court will not in any way affect the rights of the parties in the pending proceedings.
( 5 ) WE also make it clear that while granting electricity connection pursuant to the order of the Writ Court, if there any resistance is offered by any of the parties, in that case the CESC authorities are at liberty to take police assistance at the cost of the writ petitioner.
( 6 ) WITH this observation the present application for leave to appeal and all other connected applications are disposed of.
( 7 ) THERE will be no order as to costs.
( 8 ) LET urgent xerox certified copy of this order, if applied for, be given to the learned counsel for the parties. Application disposed of.
.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
