- (1.) The opposite parties have instituted Title Suit No. 132 of 2009 against the petitioners in the Court of the learned Civil Judge (Junior Division) at Howrah seeking, inter alia, the following relief: A) A decree for declaration that the plaintiffs are the absolute owner, occupier and possessor of "A" schedule property of the plaint and the "B" schedule property is the only village road to ingress and egress at the "A" schedule property and the other house of the para people; B) A further decree for declaration that for new electric connection at the "A" schedule property the plaintiffs as well as the proforma defendants has every right to install the new electric connection at the "A" schedule property by putting poles on and over the "B" schedule property; C) A further decree for declaration that the defendants has no manner of right, title, interest or locus standi to raise objection disturb or threat the plaintiffs as well as the men and workers of the proforma defendants from installing the new electric connection at the house of the plaintiffs at the "A" schedule property through the "B" schedule property;
(2.) During the pendency of the suit, the opposite parties filed W. P. 23072 (W) of 2009 before this Court seeking inter alia, the following relief: (a) Issue a RULE/WRIT in the nature of Mandamus commanding the Respondents and each one of them, and in particular commanding the Respondent No. 1 to 3, herein, and each one of them to provide comprised within R. S. Dag No. 4633, R. S. Khaitan No. 1036, within Mouja -Deulpur, J. L. No. 12, Police Station - Panchla, District - Howrah, referred herein as the "said property". (c) Issue any other appropriate writ or writs and/or direction or directions upon the respondent Nos. 4, herein, thereby restraining the said respondents and their men and agents from objecting and/or disturbing the right of availing and enjoyment of electricity connection of the writ petitioner at the said property.
(3.) While hearing the writ application, Hon'ble I. P. Mukerji, J. was pleased to call for a report from the West Bengal State Electricity Distribution Company Limited (hereafter the Company) by order dated 25.02.2010 for the purpose of finding out alternative route through which lines may be drawn for supplying electricity to the opposite parties. The Station Manager, Jaladhulagori Group Electric Supply of the Company submitted a report dated 13.03.2010 before His Lordship. It was observed in such report that for effecting supply of electricity to the premises of the opposite parties, lines have to be drawn over the property of the petitioners and that there is no other alternative route. The writ application was taken up for final consideration on 29.04.2010 by His Lordship. Considering the fact that the suit was pending and that the passage over which the opposite parties were claiming easement rights was a disputed property, His Lordship was of the view that the opposite parties must establish their right of user first, which could be established upon final determination in the suit and not in writ jurisdiction. While reiterating the right of an individual to receive electricity which is part of a basic human right, His Lordship was of the view that even at the interim stage of the suit, the Trial Court must, on prima facie principles, decide as to whether the opposite parties have the right of user of the passage for "drawing of electricity line and making of installations on or over the passage for the purpose of providing electricity. " The writ application was disposed of granting liberty to the opposite parties to make a proper application before the Trial Court and it was directed that if such an application is made, the same shall be disposed of within a period of eight weeks.;