22.05.2025 Court No.11 Item No.13 Avijit Mitra MAT 622 of 2025 with IA No.CAN 1 of 2025 Smt. Jaya Dutta - Versus -

Smt. Srabani Sardar & Ors.

Mr. Allen Felix, Mr. Pradip Kumar Sardar ….for the appellant Mr. Uday Kumar Bhattacharya, Ms. Banani Bhattacharya ….for the C.E.S.C.

Mr. Bidyut Kumar Halder, Mr. Indranil Halder ….for the respondent no.1 Affidavit-of-service, as filed, be kept on record.

The present appeal has been preferred challenging an order dated 21^st April, 2025 passed by the learned single Judge in a writ petition being WPA 29881 of 2024.

Mr. Felix, the learned advocate appearing for the appellant submits that the impugned order was passed by the learned single Judge being oblivious of the fact that the writ petitioner/respondent no.1 herein is forcibly occupying a room measuring about120 sq.ft. at the ground floor of the building at premises no. 6 Ballygunge Station Road, P.S. Gariahat, Kolkata

700019 (hereinafter referred to as the said premises).

He argues that the said respondent no.1 was a defaulter and accordingly the electricity connection which she was enjoying through a meter standing in the name of the appellant, being the landlady of the said premises, was rightly