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2015 Supreme(Cal) 618

IN THE HIGH COURT OF CALCUTTA
Indra Prasanna Mukeri, J.
Sundar Dutta - Petitioner
Versus
The State of West Bengal & Ors. - Respondents
W.P. No. 14889 (W) of 2015.
Decided on : 19-08-2015

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.

A licensee is entitled to a separate electricity connection and may be required to pay a license fee for using the common meter board position.

Headnote:

Licensee - Property Dispute - The court directed the writ petitioner, who was a licensee under his father for the portion of the premises occupied by him, to pay a monthly license fee for using the meter board position and granted him a separate electricity connection.

Fact of the Case:

The petitioner, living in a portion of a building owned by his father, sought a separate electricity supply and did not maintain his father.

Finding of the Court:

The court found that the petitioner, as a licensee, was entitled to a separate electricity connection and directed him to pay a monthly license fee to his father for using the meter board position.

Issues: Dispute over electricity supply and maintenance between father and son.

Ratio Decidendi: The court held that the father could not object to the grant of a separate electricity connection to the son, but could insist on a license fee for making available the common meter board position.

Final Decision: The court directed the petitioner to pay a monthly license fee for using the meter board position and granted him a separate electricity connection, subject to compliance with necessary formalities and payment of the license fee.

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 board position, to avail of electricity connection.

8. In those circumstances, I direct the writ petitioner to pay to the respondent no. 8 Rs. 500/- per month for using the meter board position.

9. This licence fee will be paid subject to an increase of 5% annually.

10. The respondent licensee will effect the electricity connection to the petitioner within a period of four weeks from the date of communication of this order, subject to compliance by the petitioner with all necessary formalities including the licence fee for September, 2015.

11. The petitioner will pay the said sum by the 7th of each month commencing from September 2015. The licence fee has to be paid in advance.

12. The respondent no. 4 will provide all assistance to the respondent licensee to effect this electricity supply.

13. In default of payment of licence fee, the petitioners connection is liable to be cut off on an application being made in this behalf by the respondent no. 8.

14. The parties will give access of the meter board position, to the respondent licensee by opening the padlock. Otherwise the police will have the power to break open the same.

15. It is made clear that all costs and charges will be borne by the petitioner.

16. All the papers are before this court.

17. Affidavits were not invited. The allegations contained in the petition are deemed not to have been admitted.

18. This writ application is, accordingly, disposed of.

19. Urgent certified photo copy of this order, if applied for, be given to the learned advocates for the parties upon compliance of all requisite formalities.

Writ application is accordingly disposed of.




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