- (1.) The petitioner in this Art. 226 petition dated October 6, 2010 is seeking the following principal relief :- "(a) A writ of or in the nature of mandamus commanding the respondent Nos. 1 and 2 to forthwith disconnect the electricity of the private respondent No.5 who is illegally enjoying the electricity in the premises of your petitioner;"
(2.) Admittedly, the fifth respondent, Bhusan Kumar Das, is an occupier of a portion of the premises. The petitioner claims that he is the owner of the premises, and that Bhusan is a rank trespasser. The petitioner filed a suit for Bhusan's eviction. The Civil Court made a decree for eviction. The decree has been put into execution. At such stage the petitioner has brought this petition.
(3.) Mr. Ray, counsel for the petitioner, submits as follows. Since Bhusan's appeal from the decree for eviction was rejected, the petitioner has acquired a right to call upon the West Bengal State Electricity Distribution Company Limited that supplied electricity to Bhushan to disconnect supply of electricity to Bhusan.;