S.B.SINHA, J. - (1.) IN the application, the petitioner has prayed for issuance of an appropriate writ directing the respondents to supply electrical connection to the petitioner. Such a prayer on the part of the petitioner has been rejected by the Calcutta Electric Supply Corporation Limited on the ground that there exists a due for Rs. 89,058. loP., and unless the petitioner pays the same, no fresh electrical connection can be granted. The petitioner has stated that he had been enjoying the premises in question as a godown. In paragraph 3 of the affidavit -in -opposition, it has been stated that as the petitioner had been enjoying the premises in question as godown, they must have been enjoying the electricity. The said statement has been verified by the deponent as 'true to my knowledge' although from the language used in paragraph 3 of the affidavit -in -opposition, there cannot be any doubt that such a statement has been made on the basis of an inference drawn from the fact that the petitioner had been in possession of the premises for the last thirty years. It is not denied or disputed that in the premises in question a large number of tenants are residing and/or carrying on business and/or running some industries. The petitioner in paragraph 5 of its affidavit -in - reply categorically denied and disputed the statements made in paragraph 3 of the affidavit -in -opposition by saying that the said statement is baseless, motivated, purposive and childish. It is now well known principle of law that in view of the provision contained in section 22 of the Indian Electricity Act, the Licensee has a statutory liability to grant electrical connection in the event the application satisfies the statutory and other requirements therfore. It is not the case of the Calcutta Electricity Supply Corporation Limited that in terms of the provisions of the Electricity Act or the Rules framed thereunder, the petitioner is not entitled to obtain electrical connection from the respondent company. This aspect of the matter has been considered in Shree Balasaria Construction (P) Ltd. v. C.E.S.C. Ltd. reporterd in 1996(1) CHN 15. There is nothing to show that the petitioner has any connection with the consumer or is in any way liable to pay the dues of the consumer in question.
(2.) IN this view of the matter, I am of the opinion that as nothing has been shown before me that no electrical connection could be granted to the petitioner unless he clears the entire dues in respect of the entire premises in question and further in view of my findings aforementioned, this application is disposed of with a direction upon the respondents company not to give effect to the aforementioned letter dated 23.3.1996 and grant electrical connection to the petitioner at an early date and preferably within a period of four weeks from the date of completion of all statutory and other formalities. Ordered accordingly.;