BANO ANGAMI KOIJAM Vs. CESC LIMITED & ORS

JUDGEMENT

(1.) This Mandamus Appeal is directed against an order dated 13th December, 2017 passed by the learned single Judge of this Court in a writ petition being W.P.No.636 of 2017 filed by the writ petitioner whereby affidavits were invited from the parties for ascertaining as to whether the writ petitioner/appellant is in actual possession of the premises in question where she applied for obtaining supply of electricity from CESC Limited.

(2.) The writ petitioner/appellant claimed that she is a tenant in respect of about 313 sq.ft. on the ground floor of Shakespeare Sarani, Kolkata. She claimed that she was enjoying the supply of electricity through sub-meter installed by the respondent No.4. The writ petitioner/appellant claims that she being in actual physical possession of the portion of the said premises, she is entitled to have independent supply of electricity from the CESC Limited. It is further claimed by her that she had already applied before the CESC Limited for obtaining supply of electricity in the portion of her occupation at the said premises but due to resistance offered by the respondent No.4, the supply could not be given by CESC Limited to the writ petitioner/appellant.

(3.) Mr.Ghosh, learned Senior Advocate appearing for the respondent No.4 submits that the writ petitioner/appellant is neither a tenant nor a licensee under his client. According to him, one Mrs. Banuo Angami was a licensee in respect of the said portion of the said premises under the respondent No.4 and the said license has already been terminated by the respondent No.4. Mr.Ghosh, thus, disputes the legality of possession of the writ petitioner/appellant in the portion of the said premises.