KANTA DEPURA Vs. CESC LIMITED

JUDGEMENT

(1.) Both the writ petitions and the applications arise out of identical facts and this judgment will cover both.

(2.) On writ petitions filed by Srimati Kanta Depura praying for electric connection in room Nos. 186 and 187 (2nd floor) in respect of her office at 14/2 Old China Bazar Street, an order was passed by this Court on 13th September 2000. The said order is set out below: ?Before: The Hon'ble Justice Ganguly Date: 13th September, 2000 Dictated Order The Court: Heard learned counsel for both the parties. The petitioner's case is that his prayer for getting electric connection to the premises mentioned in the cause title is not granted by the CESC since 1996. Learned counsel for CESC submits that in order to effect connection the people from CESC went to the spot but they could not give the connection as they were obstructed by landlord's men and they had to come back more than once on being so obstructed. Be that as it may, this Court is of the view that just because a landlord is not willing to allow the tenant to enjoy electric connection, that cannot debar the tenant's right in law to enjoy electricity. The only requirement in such cases is that the application for connection must show that he is a bona fide occupant of the premises. In that view of the matter this Court directs the CESC Authorities to give connection to the petitioner's premises and for the said purpose take the help of the police authorities at the cost of the petitioner. This Court adds the Officer-in-Charge, Hare Street Police Station as respondent No. 8 to this writ petition. The petitioner's advocate-in-record is directed to amend the cause title accordingly. This Court makes it clear that within a month of the petitioner's payment of all charges and completion of all formalities the connection should be granted. But this grant of connection will not in any way affect the rights, title and interest of the parties in any pending proceedings before the Civil Court. In the absence of the affidavits, the allegations are not admitted. The writ petition is, accordingly, disposed of.?

(3.) Pursuant to that electric connection was given by CESC some time in October 2000. Thereafter, sometime in November 2000 applications being G.A. Nos. 4417 and 4418 of 2000 were filed by M/s. Broadway Centre, with a prayer for recalling the order dated 13th September 2000 passed in writ petitions No. 1404 and 1405 of 2000.