Debasish Sur vs CESC Ltd. and Others

Jayanta Kumar Biswas, J.—The petitioner in this writ petition dated October 4, 2005 has prayed for a mandamus commanding CESC to give him supply of electricity in the discharge of its duty cast by Section 43 of the Electricity Act, 2003.

Counsel for the petitioner submits that as an occupier of the premises in question the petitioner is entitled to get supply of electricity, and hence CESC could not decline to give supply. Counsel for CESC submits that CESC had no objection to give supply, but it could not install the already allotted new meter because of objection raised by the landlord, the fifth respondent. The fifth respondent has affirmed an opposition dated November 14, 2005, a copy whereof was served on the petitioner. The original opposition has not been filed and none appears for the fifth respondent.

From para 4 of the opposition, a copy whereof has been supplied by counsel for the petitioner, it appears that the petitioner is in possession of the premises. It has been stated in para 4 that the petitioner''s father, since deceased, was a tenant in the premises. The fifth respondent has alleged that after death of his parents the petitioner forcibly trespassed on the premises with the assistance of anti-socials of the locality. According to the fifth respondent, since the petitioner was not residing with his father at the time he died, he cannot claim to be a tenant in the premises.

It is evident that what the fifth respondent has raised is a dispute about the petitioner''s claim that he is a tenant in the premises. Such dispute is to be adjudicated by the appropriate court or forum according to the provisions of the statutes entitling the parties to seek private law remedy. But it cannot be used to say that the petitioner is not entitled to get supply of electricity from CESC. On the facts, there can be no dispute that he is an occupier of the portion in question of the premises within the meaning of Section 43 of the Electricity Act, 2003. This being the position, in my opinion, CESC is under a statutory obligation to supply electricity to him, and it cannot refuse to do so because of the objection raised by the fifth respondent.

For these reasons, I dispose of the writ petition ordering as follows. On the petitioner''s complying with the necessary formalities and paying the requisite charges, CESC shall supply electricity to him within a fortnight from the date of communication of this order to the District Engineer South, the second respondent. If necessary, CESC will be free to take necessary police assistance from the local police station at the petitioner''s expense. There shall be no order for costs.

Urgent certified Xerox of this order, if applied for, shall be supplied to the parties within three days from the date of receipt of the file by the section concerned.