Geeta Singh v. Calcutta Electric Supply Corporation Ltd.
2010-09-09
JAYANTA KUMAR BISWAS
body2010
DigiLaw.ai
Judgment : The Court: The petitioners’ grievance is that CESC has not given them supply of electricity. Mr. Hazra, counsel for the petitioners, submits that since the petitioners occupy a portion of the premises as tenants, they are entitled to supply of electricity; and that CESC, a licensee under the Electricity Act, 2003, is under a statutory obligation to give them supply. Mr. Chatterjee, counsel for the private respondent, submits that the petitioners have suppressed the fact that they have filed a suit seeking a declaration that they are occupying the portion in question as tenants. His further submission is that the petitioners, forcibly entering upon the property, are not entitled to supply of electricity, since they cannot be treated as occupier within the meaning of s. 43 of the Electricity Act, 2003. I am not inclined to entertain the petition first for the reason that the petitioners have suppressed the fact that they have instituted a suit seeking a declaration that they are occupying the portion in question of the premises as tenants; and secondly, for the reason that when they ought to have applied first to the Civil Court for an order permitting them to take supply of electricity, without any valid reason they approached the licensee under the Electricity Act, 2003 straight. For these reasons, I dismiss the petition making it clear that nothing herein shall prevent the petitioners from applying to the Civil Court before which their suit is pending seeking order for taking supply of electricity, and that, if they apply, then the Civil Court will be free to decide the matter according to law uninfluenced by anything said in this order. No costs.