SHIBANANDA CHATTERJEE Vs. SUKUMAR PANJA

JUDGEMENT

(1.) The opposite parties have instituted Title Suit No. 132 of 2009 against the petitioners in the Court of the learned Civil Judge (Junior Division) at Howrah seeking, inter alia, the following relief:

(2.) During the pendency of the suit, the opposite parties filed W. P. 23072 (W) of 2009 before this Court seeking inter alia, the following relief:

(3.) While hearing the writ application, Hon'ble I. P. Mukerji, J. was pleased to call for a report from the West Bengal State Electricity Distribution Company Limited (hereafter the Company) by order dated 25.02.2010 for the purpose of finding out alternative route through which lines may be drawn for supplying electricity to the opposite parties. The Station Manager, Jaladhulagori Group Electric Supply of the Company submitted a report dated 13.03.2010 before His Lordship. It was observed in such report that for effecting supply of electricity to the premises of the opposite parties, lines have to be drawn over the property of the petitioners and that there is no other alternative route. The writ application was taken up for final consideration on 29.04.2010 by His Lordship. Considering the fact that the suit was pending and that the passage over which the opposite parties were claiming easement rights was a disputed property, His Lordship was of the view that the opposite parties must establish their right of user first, which could be established upon final determination in the suit and not in writ jurisdiction. While reiterating the right of an individual to receive electricity which is part of a basic human right, His Lordship was of the view that even at the interim stage of the suit, the Trial Court must, on prima facie principles, decide as to whether the opposite parties have the right of user of the passage for "drawing of electricity line and making of installations on or over the passage for the purpose of providing electricity. " The writ application was disposed of granting liberty to the opposite parties to make a proper application before the Trial Court and it was directed that if such an application is made, the same shall be disposed of within a period of eight weeks.