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Judgment
Biswanath Somadder, J
Affidavit of service filed in Court today be taken on record.
In re: CAN 6004 of 2018
Having heard the learned advocates for the parties and upon perusing the instant application and in the facts and circumstances of the instant case, we allow the instant application by granting the applicants' leave to prefer an appeal against the order dated 6th June, 2018, passed by the learned Single Judge in WP 5046 (W) of 2018 (Mrs. Kavita Surana vs. The State of West Bengal & Ors.).
The application for leave to appeal is accordingly allowed.
In re: CAN 5995 of 2018
This is an application under section 5 of the Limitation Act.
Having heard the learned advocates for the parties and upon perusing the application for condonation of delay, it appears that sufficient cause has been shown by the applicants to explain the delay in filing of the appeal. As such, the delay is condoned. The application for condonation of delay, being CAN 5995 of 2018, is accordingly allowed.
In re: MAT 841 of 2018 with CAN 5994 of 2018
By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
The instant appeal arises out of a judgement and order dated 6th June, 2018, passed by a learned Single Judge in WP 5046 (W) of 2018 (Mrs. Kavita Surana vs. The State of West Bengal & Ors.). By the impugned judgment and order, the writ petition was disposed of with the following direction:-
"Therefore, I direct the C.E.S.C. Limited to take inspection of the petitioners covered garage area and thereafter submit a quotation bill to the petitioner. After receiving the quotation bill, the petitioner is directed to deposit the entire quotation amount to the company within one week. After receiving such amount, the C.E.S.C. Limited will take steps to install a new meter in favour of the petitioner from the existing meter board within three weeks, provided the petitioner comply with all the necessary requisite formalities.
With this direction, the writ petition is disposed of."
The present appeal has been preferred by Raj Kumar Kedia, the Secretary of Satyam (Kankurgachi) Flat Owners Association and the Association itself.
By an order passed earlier today, the Secretary of Satyam (Kankurgachi) Flat Owners Association and the Association, were granted leave of this Court to appeal against the impugned judgment and order dated 6th June, 2018, upon condonation of delay in preferring the appeal.
Learned advocate representing the respondent/writ petitioner raises a preliminary point with regard to the Association being a defunct society. We, however, do not find it necessary to go into this aspect since the subject-matter before us pertains to new electricity connection sought for by the respondent/writ petitioner within a particular space, which he has described in the writ petition as a covered garage space measuring total area of 746.69 sq. ft.
According to the learned advocate representing the appellants, the respondent/writ petitioner did not draw the writ Court's attention to a title suit pending before the learned Civil Judge (Junior Division), 1st Court at Sealdah, being Title Suit No.65 of 2018, between the Flat Owners Association and the respondent/writ petitioner and others with regard to three plots, as stated in the schedule of the plaint, which includes the area/space where the respondent/writ petitioner is seeking electric connection. According to the learned advocate for the appellants, the attention of the writ Court was also not drawn in respect of an order dated 24th January, 2018, passed by the learned Civil Judge (Junior Division), 1st Court at Sealdah, relevant portion whereof reads as follows:-
"it is ORDERED that
the prayer of ad interim injunction is allowed on ex parte. Defendant no. 1-3 are directed to maintain status quo with respect to plot A, B and C property as described in the plaint till next date.
Issue notice.
Plaintiff to comply under Order 39 Rule 3(a) and (b) CPC.
Fix 23.02.2018 for hearing of injunction application, SR, WO if any."
It is submitted on behalf of the appellants that in view of the above order, the respondent/writ petitioner ought not to be provided any electricity connection as directed by the learned Single Judge.
On the other hand, the learned advocate representing the respondent/writ petitioner draws our attention to the plaint filed before the learned Trial Court by the Flat Owners Association. In particular, he refers to paragraph 4 of the said plaint, which reads as follows:-
"4) That the semi-basement of the building is vacant space constructed on the land shown as car parking space in the sanctioned plan of the said property but though the flat owners expressed their intention to purchase the car parking space but the original owners Kartick Kumar Das & Others and the Developer Auro Builders deliberately did not agree to transfer the said car parking space to the flat owners and instead sold it to the pro-forma defendants No.4 to 7 who are the family members of partner of Auro Builders."
According to him, a plain reading of the above paragraph as well as other paragraphs contained in the plaint will reveal that there is no embargo and/or fetter upon the respondent/writ petitioner to be provided electricity connection as sought for in the writ petition.
In the facts and circumstances of the instant case, we are of the view that while disposing of the instant appeal, we ought not to make any observation - even in passing - which is likely to affect the outcome of the civil suit pending before the learned Trial Court.
However, upon taking notice of the order of the learned Civil Judge (Junior Division), 1st Court at Sealdah dated 24th January, 2018, we are of the view that if electricity connection is provided by the CESC authorities in terms of the order dated 6th June, 2018, passed by the First Court in WP 5046 (W) of 2018, the respondent/writ petitioner shall ensure that its usage does not disrupt the status quo order as passed by the learned Civil Judge (Junior Division), 1st Court at Sealdah on 24th January, 2018, so long as the said order is subsisting.
With the above observation, the appeal and the application for stay stand disposed of.
Urgent photostat certified copy of this judgment, if applied for, be given to the learned advocates for the parties.
I agree.