Sanjay Kumar Jaiswal And Others vs The Calcutta Electric Supply ...
2022 Latest Caselaw 2722 Cal

    27
10.05.2022
   TN
                             WPA No.6788 of 2022

                      Sanjay Kumar Jaiswal and others
                                  Vs.
                        The Calcutta Electric Supply Corporation
                                 Limited and others

             Mr. Debarshi Brahma,
             Mr. S. Choudhury
                                                   .... for the petitioners

             Mr. Suman Ghosh
                                              .... for the CESC Limited

             Md. Mansoor Alam
                                                        .... for the State

             Mr. Dyutimoy Paul,
             Mr. Anjan Ganjan
                                            .... for the respondent no.5

Learned counsel for the petitioners contends

that, due to the objection raised by the respondent

no.5/landlord, the Calcutta Electric Supply

Corporation Limited (for short "the CESC Limited") are

not being able to give a new electricity connection in

the name of the petitioners.

Learned counsel appearing for the CESC

Limited submits that when the CESC personnel went

for an inspection in that regard, they were resisted by

the private respondent and his men and agents.

Learned counsel appearing for the private

respondent submits that due to the default of the

petitioner in payment, the outstanding dues in respect

of the sub-meter, being used by the petitioners, have

fallen due. It is contended that, although the meter

and sub-meter stand in the name of the private

respondent, the said sub-meter has been exclusively

used by the petitioner without the petitioner making

any payment in that regard.

Learned counsel for the private

respondent/landlord cites two judgments of this

court, passed by coordinate Benches, reported

respectively at 2017 SCC OnLine Cal 2963 [Netai Lal

Jana vs. The Chairman, Calcutta Electric Supply

Corporation & ors.] and 2021 SCC OnLine Cal 2763

[Nisha Tamang vs. State of West Bengal and Others], in

both of which the learned Single Judges directed the

person wanting the electricity supply to clear the

outstanding dues to the Distribution Licensee.

Upon hearing learned counsel for the parties, it

is seen that the possession of the petitioners in

respect of the property-in-dispute has not been

specifically contested by the private respondent.

As such, under Section 43 of the Electricity Act,

2003, the petitioners have a right to get an electricity

connection in their own names at the premises where

they are residing.

It is reiterated by learned counsel for the CESC

Limited that the private respondent/landlord is liable,

as a consumer, to pay the outstanding dues in respect

of the existing meter.

Although there is a dispute regarding the

liability to pay such outstanding amount inter se the

private respondent and the petitioners, inasmuch as

both the parties claim that the other has a liability to

clear off such dues, in view of the law conferring a

right on the settled occupier to get an electricity

connection in his own name at the premises, there

cannot be any impediment to an electricity connection

being given in the name of the petitioners at the

premises.

In such view of the matter, since the right of the

petitioners to get an electricity connection in their

names at the premises is independent of the inter se

claims of dues between the private respondent no.5

and the petitioners, WPA No.6788 of 2022 is disposed

of by directing the CESC Limited to hold an inspection

for the purpose of ascertaining the feasibility of giving

an electricity connection in the name of the petitioners

at the premises from the existing meter board

position. If the CESC finds such new connection to be

feasible otherwise, the same shall be given by the

CESC Limited to the petitioners, subject to compliance

of all formalities by the petitioners in that regard, from

the existing meter board position at the premises.

In the event the CESC personnel face any

obstruction from the private respondent no.5 and/or

his men and agents in holding such inspection and/or

giving such connection, if found feasible, it will be

open to the CESC personnel to approach the

respondent no.4, that is, the Inspector-in-Charge of

the Malipachghara Police Station for adequate police

assistance in that regard. If so approached, the

respondent no.4 shall give such assistance, at the cost

of the petitioners, for the limited purpose of enabling

the CESC personnel to hold an inspection and to give

an electricity connection in the name of the

petitioners, if found feasible and subject to compliance

of all formalities by the petitioners.

Such inspection shall be held within a week

from date and, if found feasible, the electricity

connection shall be given in the name of the

petitioners within a fortnight thereafter.

In the process of giving such police help, if

necessary, the police authorities are given the liberty

to break open any padlock or other hindrance to the

access of the CESC personnel to the existing meter

board position for the above purposes.

It is, however, made clear that nothing in this

order shall prejudice the rights and contentions of the

private respondent no.5 and/or the petitioners in the

civil suit pending between the said parties and/or

before any other legal forum, including the dispute as

regards the alleged liability of the petitioners in

respect of the user of electricity at the premises to the

respondent no.5.

It will be open to all legal forums to arrive at

independent findings in accordance with law on such

aspect of the matter, without being influenced in any

manner by any of the observations made herein.

It is further clarified that the electricity

connection, if given, shall not create any special right

and/or equity in favour of the petitioners.

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.)