SRI CHANDU KHAMARU Vs. NAYAN MALIK

JUDGEMENT

(1.) Delay condoned in filing rejoinder affidavit. Leave granted.

(2.) This is an appeal by way of special leave against the impugned judgment and order dated 09.05.2008 of the Calcutta High Court in MAT No.514 of 2006.

(3.) The facts briefly are that the appellant owns a house in Dag No.408, Khatiyan No.1212, Mauja Panchpara P.S. Sankrail, District Howrah, West Bengal. The house of the appellant was not being supplied with electricity whereas the house located on Dag No.409, Khatiyan No.1212, was being supplied with electricity by the Calcutta Electricity Board Supply Corporation Ltd. (hereinafter referred to as 'the distribution licensee'). The appellant approached the distribution licensee for supply of electricity but when the distribution licensee did not give an electricity connection for his house, he filed Writ Petition No.18220 of 2004 in the Calcutta High Court and by order dated 23.09.2004, learned Single Judge of the High Court disposed of the Writ Petition by directing the distribution licensee to effect supply of electricity to the house of the appellant within six weeks from the date of compliance of all the formalities by the appellant. Pursuant to the order dated 23.09.2004, the distribution licensee gave an electric connection and started supplying electricity to the house of the appellant.