JUDGEMENT
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(1.) The petitioners' grievance is that CESC has not given them supply of
electricity.
(2.) Mr. Hazra, counsel for the petitioners, submits that since the petitioners occupy a
portion of the premises as tenants, they are entitled to supply of electricity; and that CESC,
a licensee under the Electricity Act, 2003, is under a statutory obligation to give them
supply.
(3.) Mr. Chatterjee, counsel for the private respondent, submits that the petitioners
have suppressed the fact that they have filed a suit seeking a declaration that they are
occupying the portion in question as tenants. His further submission is that the
petitioners, forcibly entering upon the property, are not entitled to supply of electricity,
since they cannot be treated as occupier within the meaning of s. 43 of the Electricity Act,
2003.;
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