Assuming without admitting that the petitioner
does not have any right, title and interest in respect of
the said premises, the petitioner’s status then is that
of a trespasser. Even a trespasser, unless evicted by
due process of law, is entitled to electricity. Electricity
connection, if granted to the petitioner, will not also
create any right in her favour.
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
W.P.A.No.10534 of 2020
Sukla Kar -vs- The Calcutta Electric Supply Corporation Ltd. & Ors.
Dated: 24-12-2020
The petitioner had applied for a new service
connection at premises No.P-45, Kanungo Park, Garia
P.S. Patuli, Calcutta – 700 084 (hereinafter referred to
as the said premises). The petitioner says that her
application was rejected by CESC Limited, the licensee,
by a letter dated August 26, 2020 (appearing at page
50). Petitioner wants a new connection.
On behalf of CESC, it is submitted that there is
already an existing service main at the said premises.
No new service main can be provided at the said
premises. The petitioner can be provided with a new
meter and a new connection through the same from
the existing main service. CESC is ready and willing to
install a new meter and give the new connection to the
petitioner from the existing main, provided the
petitioner makes a fresh application for a new meter
and a new connection, since the petitioner’s previous
application has already been rejected. The new
connection is also subject to the petitioner bearing all
costs and expenses for the new meter and the new
connection.
On behalf of respondents no.5-11, it is
submitted that the petitioner has no right in respect of
the premises in question. She has been permitted to
stay thereat by her brothers and sisters being the
private respondents. The private respondents also say
that the petitioner has been enjoying the electricity
from an existing meter under an arrangement between
the petitioner and the private respondents. The
petitioner has not paid the bills for the said meter and
as such the same has been disconnected. The private
respondents however admit that the petitioner is in
occupation of a portion of the said premises.
These disputes regarding the right of
ownership, title and interest in respect of the premises
between the petitioner and the private respondents
cannot stand in the way, if the petitioner getting the
new meter in her name, particularly when the
possession of the petitioner is admitted.
Assuming without admitting that the petitioner
does not have any right, title and interest in respect of
the said premises, the petitioner’s status then is that
of a trespasser. Even a trespasser, unless evicted by
due process of law, is entitled to electricity. Electricity
connection, if granted to the petitioner, will not also
create any right in her favour.
In these facts and circumstances, I direct the
petitioner to make a new application for a meter and a
new connection at the said premises within seven days
from date. Within 72 hours from the date of the
application if made, the officials of CESC shall inspect
the existing service main and the meter board position
for installing a new meter in the name of the petitioner.
Within 3 days from the date of inspection, CESC shall
raise the quotation. On payment of the sum
mentioned in the quotation and compliance of other
statutory requirement, CESC shall within 3 days
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therefrom install a new meter and grant the petitioner
a new connection.
It is made clear that I have not gone into any
dispute inter se between the petitioner and the private
respondents. The installation of the new meter at the
common meter board or a new connection to the
petitioner at the said premises will not create any new
right or abridge or extinguish any existing right of the
petitioner in respect of the said premises.
It is expected that the private respondents shall
render all cooperation to the officials of CESC at the
time of inspection as also at the time of installing the
new meter and granting the connection to the
petitioner.
The respondent no.4 (officer in charge of Patuli
police station) is directed to see that no breach of
peace takes place at the said premises or in the
precincts thereof at the time of inspection by CESC
Ltd. or at the time of installation of the meter and
effecting new connection to the petitioner.
Nothing remains further to be adjudicated in
the writ petition and the same is accordingly disposed
of without any order as to costs.
Since I have not called for any affidavits, the
allegations contained in the writ petition are deemed to
have not been admitted by the respondents.
Certified photostat copy of this order, if applied
for, shall be given to the parties.
[Arindam Mukherjee, J]
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