- (1.) THIS appeal has been preferred assailing the judgment and order dated 9th January, 2007 whereby and whereunder the learned Single Judge dismissed the writ petition bearing W. P. No. 2351 (W) of 2006 filed on behalf of the appellant herein on the ground that the writ petitioner did not lawfully enter into the portion of the premises in question. The learned Counsel representing the appellant invited our attention to various documents included in the paper book.
(2.) IN scrutinising those documents, we find that the Kolkata Municipal corporation authorities realised rent from the appellant accepting him as occupier in respect of a portion of the premises in question and the appellant although has been occupying the portion of the premises in question for a considerable period, neither any objection was ever raised nor any proceeding was initiated by or at the instance of the respondents challenging the authority of the said appellant to occupy the said premises. In view of the provisions in section 43 of the Electricity Act, 2003, the appellant herein being the occupier is entitled to enjoy the electricity at the occupied portion of the premises in question.
(3.) THE legality and/or validity of the occupation of the premises in question by the appellant can be decided in the Civil Court but that will not prevent the said appellant from enjoying the benefit of electric connection.;