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2009 Supreme(Online)(Cal) 5

CALCUTTA HIGH COURT
, J
Fashion Proprietor Aswani Kumar Maity v. W. B. Electricity Distribution Co. Ltd. and Others


1.There is a passionate dispute between the writ petitioner and the private respondent No. 6 in the matter of the writ petitioner's entitlement to the business premises whereat the petitioner has sought an electricity connection. The private respondent says that the petitioner has no right to remain in occupation thereof and as such cannot make any application for obtaining electricity supply at the premises. The private respondent claims that the petitioner and his erstwhile partner had all along received electricity from the private respondent and the petitioner is thus disqualified from obtaining a new connection.

2. The legal question that arises is as to whether the petitioner is entitled to supply of electricity at the premises despite the dispute and despite it being unclear as to whether the petitioner is in lawful occupation of the premises. A fair concession has, however, been made by the private respondent in suggesting that the writ petitioner is not a rank trespasser in the sense that he entered into possession with the authority of the landlord but has now overstayed the welcome and does not have any authority to remain in possession.

3. The petitioner refers to the cha



























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