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Calcutta High Court · body

2011 DIGILAW 18 (CAL)

Surajit Adak v. C. E. S. C. Limited

2011-01-06

J.K.BISWAS

body2011
JUDGMENT 1. THE Judgment of the Court was as follows : CESC, a licensee under the Electricity Act, 2003, could not give supply of electricity to the petitioner for objection raised by the third respondent. 2. COUNSEL for the third respondent submits as follows. The petitioner is not a bona fide tenant. He is not paying rent, nor has he obtained permission from the third respondent for taking supply of electricity. In my opinion, none of the above things can be treated as a good ground for refusing supply of electricity to the petitioner. Admittedly, he is an occupier of a portion of the premises and he needs supply of electricity. Under the circumstances, in view of the provisions of Section 43 of the Electricity Act, 2003 he is entitled to supply of electricity. Needless to say that the third respondent is free to take steps for his eviction and recovery of rent arrears. 3. FOR these reasons, I dispose of the petition ordering as follows. Within a week from the date the petitioner complies with the formalities and pays the charge, the licensee shall supply him electricity. If necessary, the licensee will be free to take police help at his expense. Supply given in terms of this order shall not create his any right, title or interest in the property, nor shall it create any equity in his favour for any purpose. No costs.