SHRI SWAPAN KUMAR PYNE Vs. CESC LIMITED

JUDGEMENT

(1.) This is a case where, I think, I should exercise my writ powers to see that the parties, two brothers and their father, siding with one of the brothers, do not fight over a small issue.

(2.) The private respondents instituted a suit in which the petitioner was made the proforma defendant. It is not disputed that the petitioner is an occupier of a part of the premises concerned. In that suit the petitioner made an application seeking permission to yet separate electric connection. After considering the application the competent civil Court made an order granting such permission CESC, being the authority to give connection, decided to give a separate meter, not a new connection, as a supply line was existing at the premises, and hence no second line could be given. The petitioner agreed. But for objections raised by the private respondents the meter could not be installed. The private respondents moved the higher Court by filing a revisional application. That was dismissed on contest. Since the petitioner was apprehending breach of peace at the time of installation of the meter, he instituted proceedings under S. 144 of the Code of Criminal Procedure, 1973. Orders were made by the executive magistrate. Police authority was directed to see that the petitioner could install the meter at a separate place. Since even thereafter the meter could not be installed, the petitioner took out this writ petition.

(3.) If I take a very strict view of the procedure followed by the petitioner, perhaps, I have to send the petitioner back to the civil Court for execution of the order made by that Court permitting him to take a new connection. That order has already attained finality. But such a course adopted by me is very likely to cause further problems in the matter. During existence of a supply line, the second supply line cannot be given to the same premises. On the basis of an order previously made in the present case a separate meter was installed by CESC and it was placed on the existing common meter board. It is still there, though the previous order was recalled on the ground that the private respondents had not been given notice.