Sundar Dutta vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Cal) 618

I. P. MUKERJI
Sundar Dutta – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Subhra Nag, Advocate.
For the CESC :Dr. Madhusudan Saha Roy, Advocate.
For the Private Respondent:Anjan Banerjee, Advocate, Nirbanesh Chatterjee, Advocate, Gausul Alam, Advocate.

JUDGMENT :

Indra Prasanna Mukeri, J.

As per the order dated 11th August, 2015, let the amendment be carried out in course of this day, otherwise this order will automatically stand recalled.

2. The respondent no. 8 is the father of the petitioner. The latter is living in one room with an attached balcony on the ground floor of a building owned by the father. The petitioners mother is dead. The father is very old. It is said that he is without any significant income.

3. It appears that the writ petitioners relationship with his father is not very amicable. He wants a separate electricity supply to the portion occupied by him.

4. He does not maintain his father.

5. The legal position is that the writ petitioner is a licensee under his father in respect of the portion occupied by him on the ground floor. Being a licensee, he is in possession of the said portion of the premises.

6. The father objects to grant of electricity to him on the ground that he does not look after him.

7. In my opinion, he cannot object to grant of a separate electricity connection in favour of the son. But he can, inter alia, insist on a licence fee to be paid by his son to him for making available the common meter bo