- (1.) An affidavit of service is filed, let the same be kept on record. The subject matter of challenge in this writ petition is an order passed by the District Engineer, C.E.S.C. Limited, West Subarban District on October 10, 2012 pursuant to the order passed by another learned Single Judge of this Court in W.P. 16095 (W) of 2012.
(2.) The District Engineer, in his order, records that during hearing the learned advocate for the petitioner candidly submitted that actually there was no alternative route before the licensee company to reach the destination for installation of new supply by laying out cables other than the land involved in Title Suit No. 2116 of 2012. The District Engineer has referred to the order passed in Title Suit No. 2116 of 2012 in which the private respondents have prayed for a declaration that they being the plaintiffs are sole absolute and sixteen (16) annas owner of the suit property and the defendants have no manner of right, title, interest and possession over any part of the suit property and the defendants Nos. 1 and 2 have no right to get electric connection from the C.E.S.C. Limited/defendant No. 3 through the suit property. A further prayer was made in the said suit for restraining the defendants No. 1 and 2 from taking electric connection through the suit property.
(3.) It appears that in the said suit the plaintiffs/private respondents have obtained an ad interim order of injunction restraining the defendants Nos. 1 and 2 meaning thereby the petitioner and another person from taping electric connection through the suit property. The said ad interim order of injunction is still continuing.;