(S.R.) Sri Ganesh Chandra Sen vs Satha Ranjan Das @ Satya Ranjan Das ...
2022 Latest Caselaw 3161 Cal

                            FMA No.1023 of 2021
                                     with
10.06.22                     IA No: CAN 1 of 2019
 Sl-17             (Old No: CAN 12183 of 2019) [Not found]
 Ct.32
 (S.R.)                   Sri Ganesh Chandra Sen
                                     v.
                 Satha Ranjan Das @ Satya Ranjan Das & Ors.

           Mr. Bratin Kr. Dey
           Ms. Anjana Banerjee
           Mr. Pradeep Pandey                        ... for the appellant.


                 The present appeal has been preferred challenging

           an order dated 14th June, 2019 passed in WP No.28614

           (W) of 2015.        No one appears on behalf of the

           respondents.

Mr. Dey, learned advocate appearing for the

appellant submits that the appellant is the owner of the

concerned plot of land. The private respondent/writ

petitioner was illegally occupying a portion of the said plot

of land. He applied for domestic connection though he

was running a business. Without taking into

consideration such facts, the order impugned in the

present appeal was passed directing grant of electricity

connection to the writ petitioner.

Answering our query, Mr. Dey, however, submits

that the order impugned in the present appeal has

already been complied with by the Distribution Company

and that electricity connection has already been granted

to the writ petitioner.

It appears that the writ petition was disposed of

after exchange of affidavits by the parties.

Even if there is any dispute as regards ownership of

land, the same can be decided in an appropriate

proceeding but such dispute cannot prevent an occupier

from availing electricity connection [See the judgment

delivered in the case of Abhimanyu Mazumdar v.

Superintending Engineer reported in 2011 (2) CHN 768].

In view thereof, we do not find any infirmity in the

order dated 14th June, 2019 passed in the writ petition

directing the Distribution Company to grant electricity

connection to the writ petitioner, who happens to be the

occupier of the concerned plot and as such, no

interference is called for in the present appeal.

However, it is made clear that the grant of such

electricity connection will not confer any right or equity in

favour of the respondent/writ petitioner over the

concerned plot of land and will not defeat the title of the

lawful owner.

With the above observations, the appeal and the

connected application are disposed of.

There shall be no order as to costs.

Urgent certified photocopy of this order, if applied

for, be supplied as expeditiously as possible.

(Raja Basu Chowdhury, J.) (Tapabrata Chakraborty, J.)