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Judgment
Heard learned counsel for the appellant/petitioner in connection with the application for grant of leave to file the appeal.
The subject-matter of dispute is the grant of electricity connection to the respondent/writ petitioner. On a writ petition being filed (W.P. No. 5550(W)/04) by the writ petitioner for grant of new electricity connection, a learned Judge of this Court by an order dated 10th June, 2004 disposed of the writ petition by directing the CESC authorities to give connection upon completion of necessary formalities. The present petitioner before us was not a party to the said proceeding, as such, an application has been filed for leave to file an appeal along with the stay petition and also a petition u/s 5 of the Limitation Act.
Considering the facts and circumstances of the case and also considering the admitted position that the writ petitioner was initially inducted by the present petitioner as a licensee as per the version of the present petitioner, we do not think that we need to interfere with the order passed by the learned Judge of the Writ Court. It is also not in dispute that a civil suit being Title Suit No. 369/02 is pending between the present petitioner and the writ petitioner in which the present petitioner has prayed for eviction of the writ petitioner from the premises in question.
Be that as it may, from the aforesaid fact it is clear that under the relevant statutory provision the writ petitioner is entitled to grant electric connection. We are also informed that other suits are also pending between the parties. In that view of the matter, we make it clear that the grant of electric connection to the writ petitioner in view of the order passed by the learned Judge of the Writ Court will not in any way affect the rights of the parties in the pending proceedings.
We also make it clear that while granting electricity connection pursuant to the order of the Writ Court, if there any resistance is offered by any of the parties, in that case the CESC authorities are at liberty to take police assistance at the cost of the writ petitioner.
With this observation the present application for leave to appeal and all other connected applications are disposed of.
There will be no order as to costs.
Let urgent xerox certified copy of this order, if applied for, be given to the learned counsel for the parties.