DEBADAS BISWAS Vs. WEST BENGAL STATE ELECTRICITY BOARD

JUDGEMENT

(1.) BY this writ petition dated feburary 4th, 2005 the petitioner prayed for a mandamus directing the first and second respondents (the second respondent is an officer of the first respondent) to supply him electricity at his residence.

(2.) ON November 29th, 2004 the petitioner applied for supply of electricity. His application was to be considered by the first respondent in terms of the provisions in S. 43 of the Electricity Act, 2003. By a letter dated January 13th, 2005 the second respondent informed him that in the face of objection by one Bijoli Manna and for his failure to establish that he was a lawful occupier of the premises in question, there was no scope to give him new connection. Feeling aggrieved he took out the writ petition, which was disposed of by an order dated march 14th, 2005 directing the first respondent to give the connection. Consequently the connection was given. The third, fourth and fifth respondents (Anjali Metia, Bijeli manna both sisters of the petitioner, and atashi Rani Biswas the petitioner's mother)questioned the order dated March 14th, 2005 by filing an appeal, which was allowed by the Division Bench by order dated August 9th, 2006. The order dated March 14th, 2005 was set aside and writ petition was remitted for fresh hearing. As a result, connection given by the first respondent was snapped.

(3.) THE short question that has arisen in the case is whether as an occupier of a portion of the premises at North Tarapukur, B. C. Sen Road, P. O. Agarpara, P. S. Khardah, dist. North 224 Parganas the petitioner is entitled to ask the first respondent to supply him electricity in terms of the provisions in S. 43 of the Electricity Act, 2003. There is no dispute that if the petitioner is a lawful occupier, then he is entitled to call upon the first respondent to supply him electricity. The dispute, however, is regarding the question whether the petitioner is a lawful occupier of any portion of the premises.