IMPORTANT POINT
The main legal point established is that a tenant, being in settled occupation, is entitled to an independent electricity connection as a matter of right, irrespective of the pending eviction suit filed by the landlord.

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. Learned counsel for the petitioner submits that the petitioner is a tenant in respect of the property. It is alleged that the petitioner’s electricity connection, which was being enjoyed from the respondent no. 3/landlord, has been disconnected and the landlord has initiated an eviction suit against the petitioner. In the eviction suit, the landlord made an application for injunction restraining the Calcutta Electric Supply Corporation Limited (CESC Limited) from giving electricity connection to the petitioner, which has been refused by the trial court.

2. Due to hindrance created by the landlord, the CESC Limited is not being able to give electricity connection to the petitioner.

3. Learned counsel appearing for the CESC Limited submits that the CESC Limited could not even hold an inspection due to resistance by the landlord and seeks to hold such inspection to ascertain whether disconnection has been effected or not.

4. Learned counsel appearing for the private respondent no. 3/landlord submits that the petitioner has left it unclear as to who disconnected the electricity supply. It is denied that the landlord disconnected the electricity supply.

5. Learned counsel submits that there was a tampering in the electricity line standing in the name of the private respondent, for which the private respondent has taken steps duly for getting the line repaired and the private respondent is ready to give electricity connection again to the petitioner.

6. By placing reliance on the pleadings in the writ petition, it is submitted that the petitioner admittedly entered into an agreement with the landlord/private respondent regarding running the petitioner’s business in the shop room concerned. However, no copy of the said agreement has been annexed to the writ petition.

7. It is, thus, submitted that the fresh connection sought by the petitioner ought not to be given.

8. The petitioner, admittedly, is in occupation of the property, which has been admitted by the private respondent by filing an eviction suit against the petitioner.

9. It is well-settled that electricity is a basic necessity and has been guaranteed not only as an essential component of the right to life under Article 21 of the Constitution of India but under Section 43 of the Electricity Act, 2003 irrespective of the lawfulness or otherwise of physical possession.

10. The petitioner, being in settled occupation, is evidently entitled to get an independent electricity connection. Insofar as the question of the petitioner getting electricity connection from the private respondent/landlord is concerned, in view of the eviction suit filed by the landlord, the enmity existing between the two parties is indisputable. Hence, it cannot be said that the present application is collusive between the petitioner and the landlord.

11. In any event, the petitioner need not remain at the mercy of the landlord to get electricity connection, which she entitled to get as a matter of right independently as a tenant of the property against whom an eviction suit is pending.

12. However, the rights of the respective parties with regard to the property shall be finally and conclusively decided by the competent civil court in the pending suit.

13. Accordingly, W.P.A. No. 25751 of 2023 is allowed, thereby directing the CESC Limited to hold an inspection within a fortnight from date upon prior notice to the petitioner as well as the private respondent.

14. Upon such inspection being held, the CESC Limited shall raise a quotation to the petitioner within three days thereafter.

15. Upon the petitioner complying with all formalities with regard to such quotation, the CESC Limited shall give electricity connection to the petitioner independently from the existing meter board position of the concerned premises within a week from the date of compliance of the formalities by the petitioner.

16. At any stage, either at the time of holding the first inspection or at the time of giv