Sunita Dey vs Cesc Limited And Others
2022 Latest Caselaw 904 Cal

    08
28.02.2022
   TN



                            WPA No.3156 of 2022

                               Sunita Dey
                                    Vs.
                           CESC Limited and others

                            (Via Video Conference)


             Mr. Smarajit Roy Chowdhury
                                                 .... for the petitioner

             Mr. Debanjan Mukherji
                                            .... for the CESC Limited

             Mr. Bibek Jyoti Basu,
             Mrs. Rupsha Chakraborty
                                                      .... for the State

             Mr. Sanjib Dutta
                                  .... for the private respondent no.4

Learned counsel for the petitioner contends that

the tenancy of the premises-in-question has devolved

on the petitioner. Thereafter, the petitioner applied for

a new electric connection in her name, a copy of

which is annexed at page-32 of the writ petition.

However, primarily due to resistance being put up by

the private respondent no.4, the CESC Limited is not

taking any action on such application.

Learned counsel for the CESC Limited submits

that the document, a copy of which is annexed at

page-32 of the writ petition, is a mere representation

and a formal application has to be made online in

appropriate format for the CESC Limited to be able to

process such request.

Learned counsel appearing for the private

respondent disputes the petitioner's claim of tenancy

and contends that the petitioner has not come to the

writ court with clean hands in view of the private

respondent no.4 not admitting the devolution of

tenancy as pleaded in the writ petition.

Learned counsel for the petitioner places

reliance on the judgment rendered by a coordinate

Bench in Santosh Jaiswal vs. CESC Limited & Ors.,

reported at (2008) 4 CHN 630, as well as another

unreported coordinate Bench judgment of this court

dated December 24, 2020 passed in WPA No.10534 of

2020 (Sukla Kar vs. The Calcutta Electric Supply

Corporation Ltd. & Ors.), as well as a Division Bench

judgment, reported at AIR 2008 Cal 66, in support of

the proposition that even an occupier is entitled, in

terms of Section 43 of the Electricity Act, 2003

(hereinafter referred to as "the 2003 Act") and Article

21 of the Constitution of India, to get an electric

connection at the premises occupied by her/him.

It is evident from the contentions of the

respective parties that the petitioner is in settled

occupation of the property, although the devolution of

alleged tenancy right on the petitioner is disputed by

the private respondent no.4. Since the petitioner has a

right under Section 43 of the 2003 Act, read with

Article 21 of the Constitution of India, as a corollary to

the right to life, to have an electric connection at the

premises occupied by her, there is no scope of the

dispute regarding the devolution of tenancy raised by

the private respondent no.4 being an impediment in

that respect.

Accordingly, WPA No.3156 of 2022 is disposed

of by granting liberty to the petitioner to apply at the

earliest, in appropriate online format, for having a new

electric connection in her own name at the premises-

in-question. If so applied, the CESC Limited shall

expeditiously process the said application and, subject

to an inspection being held for the said purpose and

compliance of all formalities by the petitioner with

regard to giving such connection, the CESC Limited

will give such connection to the petitioner, preferably

within a fortnight from the date of compliance of all

formalities by the petitioner.

However, it is made clear that the electric

connection being given to the petitioner shall not

create any special right or equity in favour of the

petitioner and it will be open to the petitioner as well

as the private respondent no.4 to raise their respective

contentions in respect of the alleged tenancy of the

petitioner before the appropriate forum.

In the event the CESC personnel are resisted by

anyone, including the private respondent no.4 and/or

his men and agents, it will be open to the CESC

personnel to approach the respondent no.3, the

Officer-in-Charge of the Shibpur Police Station for

adequate police assistance in that regard. If so

approached, such assistance will be given by the

respondent no.3 to the CESC personnel, both at the

time of inspection and while giving such connection,

at the cost of the petitioner.

Needless to say, the previous application filed by

the mother of the petitioner, since deceased, for

electricity connection in the mother's name, is deemed

to stand automatically lapsed in view of her demise.

There will be no order as to costs.

Urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)