Dr. Madhurima Bhowmik (Dey) & Anr vs M/S. N. G. Variety Stores & Ors
2022 Latest Caselaw 3810 Cal

    5
30.06.2022
Ct. No. 32
   rrc


                               MAT 981 of 2019
                                     with
                   CAN 1 of 2019 (Old No. CAN 7077 of 2019)

                       [Dr. Madhurima Bhowmik (Dey) & Anr.
                        Vs. M/s. N. G. Variety Stores & Ors.]


                Ms. Shraboni Sarkar
                                        ....For the applicants/appellants
                Mr. Somnath Ghoshal
                Mr. Satyajit Senapati
                                        .... For the respondent no. 1

Dr. Madhusudan Saha Roy .... For the respondent nos. 2 & 3/CESC

Mr. Bipin Ghosh ..... For the State

Re: CAN 1 of 2019 (Old No. CAN 7077 of 2019)

Affidavit-of-service filed by the applicants be kept on

record.

Records reveal that a writ petition being W.P. No.

8713 (W) of 2019 was preferred by M/s. N. G. Variety

Stores/writ petitioner for issuance of necessary direction

upon CESC to grant electricity connection. The said writ

petition was disposed of by an order dated 20th June,

2019 directing CESC to install a new meter and grant

electricity connection to the writ petitioner at premises

no. 2, Panchanantala Road, Howrah (hereinafter referred

to as the said property). In the writ petition, one of the

co-owners of the said property namely, Smt. Tarunima

Ghosh, was impleaded as a party respondent.

Ms. Sarkar, learned advocate appearing for the

applicants submits that the applicants are the co-owners

of the said property and as such, they ought to have

been impleaded in the writ petition. Suppressing material

facts and behind their back, the writ petitioner obtained

the order dated 20th June, 2019 which adversely affects

their rights and as such they may be granted leave to

prefer appeal against the said order dated 20th June,

2019.

The fact that the applicants herein are the co-owners

of the said property has not been disputed by the learned

advocates appearing for M/s. N. G. Variety Stores and

the CESC.

In view thereof, we allow the application being CAN

7077 of 2019 granting leave to the applicants to prefer

the appeal against the order dated 20th June, 2019.

Office Office is directed to formally register the appeal.

Re: CAN 7078 of 2019

The applicants/appellants have preferred the

present application being CAN 7078 of 2019 for

appropriate order.

Ms. Sarkar submits that the appellants along with

the respondent no. 6 are the co-owners and are in

occupation of the said property. The installation of

electric meter in the name of M/s. N. G. Variety Stores

over the said property, as directed by the learned single

Judge, adversely affects the appellants' right, title,

interest and possession over the said property.

The learned advocate appearing for the writ

petitioner submits that the order impugned in the

present appeal has already been complied with and

electric connection has been granted to the writ

petitioner upon installation of a new electric meter at the

common place where there are other existing electric

meters of the owners and occupants of the said property.

Dr. Saha Roy, learned advocate appearing for the

CESC denies and disputes the contention of the

appellants and submits that in compliance with the order

20th June, 2019, electricity connection has already been

granted.

It is well settled that a person in occupation is free

to apply for supply of electricity without the consent of

the owners of the same and is entitled to get electricity

and enjoy the same until he is evicted by due process of

law. However, grant of such electricity connection will not

confer any right or equity in favour of the occupier to

defeat the title of the lawful owners. [See the judgment

delivered in the case of Abhimanyu Mazumdar Vs. The

Superintending Engineer & Anr. : AIR 2011 Calcutta

64].

The order impugned in the present appeal is

clarified only to the effect that the grant of such

electricity connection would not create any right or

interest in favour of M/s. N. G. Variety Stores over the

said property.

The appeal being MAT 981 of 2019 and the

connected application for appropriate orders being CAN

7078 of 2019 are, accordingly, disposed of.

There shall, however, be no order as to costs.

All parties shall act on the server copies of this order

duly downloaded from the official website of this Court.

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