- (1.) WHETHER a licensee would be justified in disconnecting supply of electricity to a premises based on a request of the person whose name is recorded as a consumer thereof in its books and records without putting the person in occupation of the said premises and is actually consuming electricity on payment of charges therefor, is the question which falls for a decision on this writ petition.
(2.) THE predecessor-in-interest of the added respondents, Sri Asit Ranjan Bose was the lessee of a plot of land bearing No. DB 65, Salt Lake, Kolkata 700 064, the lease having been granted by the State of West bengal sometime in December, 1973. He had entered into a development agreement dated 15th December, 1985 with the petitioner whereby he was entrusted to develop the plot of land by constructing a multi-storied building thereon. In terms thereof, on completion of construction Sri Bose was entitled to a flat measuring 1700 sq. ft. on any one floor while the petitioner had the authority to sell the remaining flats on the other floors to intending purchasers. The petitioner in due course of time completed construction of the building (hereafter the premises in question)and entered into possession thereof. However, owing to differences and disputes between the petitioner and Sri Bose, possession of any agreed portion of the premises in question could not be obtained by him and the premises in question in its entirety is still being occupied by the petitioner.
(3.) IT appears from the application for intervention filed by the added respondents that application for supply of electricity to the premises in question was made by their predecessor-in-interest allegedly on the instigation of the petitioner. Pursuant thereto, a consumer number being C551476 was allotted to the applicant and the licensee commenced supply of electricity which is being enjoyed by the petitioner, since 1994, on payment of necessary charges by him.;