High CourtsSingle Bench(2019) 12 CAL CK 0098

Sabra Bibi vs CESC Ltd. & Ors

Calcutta High Court · Decided on 2 December 2019

HON’BLE JUDGES
Rajasekhar Mantha, J
RESULT
Disposed Of
CASE NUMBER
Civil Application (CAN) No. 5675 Of 2019

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Judgment

8 paragraphs · 291 words

Rajasekhar Mantha, J

The learned counsel for the petitioner submits in support of CAN 5675 of 2019 that the original writ petitioners are not the lawful owners or occupiers of the said premises. He claims that they have forged documents to support their claim before this Court for a new electricity connection.

The report of the CESC is that the original writ petitioners are in occupation of the said premises. It is now well-settled law that mere grant of electricity connection cannot confer any title whatsoever in any form to any person in respect of a property. Counsel for the applicants in CAN 5675 of 2019 further submits that he has initiated criminal proceedings for forgery and like charges against the writ petitioners. The applicants in the aforesaid CAN application are also entitled to institute other legal proceedings to seek appropriate remedies against the writ petitioners.

The electricity connection cannot be disturbed in law even in the facts and circumstances of the instant case and assuming that the statements made in CAN 5675 of 2019 against the writ petitioners are true and correct.

It is made clear that this Court has not gone into the rival contentions of the applicants in the aforesaid CAN and the original writ petitioners and the same may be decided by an appropriate forum court of law.

It is made clear that the grant of electricity connection shall not confer any right whatsoever insofar as the title or right to stay in the property concerned and the same shall be decided by due process of law.

With the aforesaid observations, the instant application being CAN 5675 of 2019 stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties.