ALOKE SAHA Vs. BINA GHOSH

JUDGEMENT

(1.) This appeal is directed against an order dated 9-2-99 passed by a learned single Judge of this Court in W.P. No. 345(W) of 1999, whereby and whereunder the writ application filed by the respondent No. 1 herein has been allowed.

(2.) Admittedly, the parties are brother and sister. It is also admitted that the writ petitioner/respondent No. 1 is married. She filed an application for grant of electrical connection in terms of Section 22 of the Indian Electricity Act. As no order thereupon had been passed, the writ application had been filed. The allegations made in the writ application were traversed by the appellant herein by filing an affidavit-in-opposition

(3.) It appears from the impugned order that a contention was raised that in terms of the provisions of the Hindu Succession Act, the 8 respondent No. 1 being a married lady, had no right of residence, and in that view of the matter, she cannot be said to be a bona fide occupier as envisaged under sub-section (6) of Section 12 of the Indian Electricity Act. The learned trial Judge, however, repelled the said contention stating :