SHYAMA SINGH Vs. CESC LTD

JUDGEMENT

(1.) Heard learned counsel for the appellant/petitioner in connec tion with the application for grant of leave to file the appeal.

(2.) The subject-matter of dispute is the grant of electricity connection to the respondent/writ petitioner. On a writ petition being filed (W. P. No. 5550(W)/ 04) by the writ petitioner for grant of new electricity connection, a learned Judge of this Court by an order datrd 10th June, 2004 disposed of the writ petition by directing the CESC authorities to give connection upon completion of necessary formalities. The present petitioner before us was not a party to the said proceeding, as such, an application has been filed for leave to file an appeal along with the stay petition and also a petition under section 5 of the Limitation Act.

(3.) Considering the facts and circumstances of the case and also considering the admitted position that the writ petitioner was initially inducted by the present petitioner as a licensee as per the version of the present petitioner, we do not think that we need to interfere with the order passed by the learned Judge of the Writ Court. It is also not in dispute that a civil suit being Title Suit No. 369/02 is pending between the present petitioner and the writ petitioner in which the present petitioner has prayed for eviction of the writ petitioner from the premises in question.