SANJAY BASU Vs. CESC LIMITED & OTHERS

JUDGEMENT

(1.) There are serious issues on the extent of possession claimed by the petitioner in respect of the property in question. Both the parties are at variance and are relying upon several documents where, according to him, admission to the extent of occupation is evident and apparent. This Court does not feel that it invites any adjudication on the above issue as the parties have already approached the civil court in this regard. The dispute in the instant writ petition is founded upon the inaction on the part of the licensee company in providing the electric connection to the property in question.

(2.) Mr.Bose in his usual eloquence created an artificial confusion on an earlier occasion so far as the nature of occupation and its extent is concerned. In order to dispel and remove the cloud of such confusion, this Court directed the petitioner to produce the electric bills showing the payment of the electric charges for consuming the electricity through a meter standing in the name of Mr.Bose's client. A file containing the bunch of the electric bills of few years has been produced before this Court to corroborate the stand that they were paying the electric charges and, therefore, they were all along in occupation thereof.

(3.) Without venturing to adjudicate whether the petitioner has any connection with Mr.Bose's client or any right is crated in the said company, this Court can safely proceed on the basis of an occupation of the petitioner being in settled position for long. This Court is also not entering into the disputed facts when and how the petitioner allegedly trespassed to the premises as it is a matter of proof by the parties in a civil proceeding.