BIHAR STATE POWER (HOLDING) CO. LTD. Vs. ESTATE SRI SRI RAMCHANDRAJI & ANR.
LAWS(CAL)-2018-10-93
HIGH COURT OF CALCUTTA
Decided on October 05,2018

Bihar State Power (Holding) Co. Ltd. Appellant
VERSUS
Estate Sri Sri Ramchandraji And Anr. Respondents

JUDGEMENT

SHIVAKANT PRASAD, J. - (1.) This revisional application is directed against the order dated 17th May, 2017 passed by learned Judge, Bench-VI, City Civil Court, Calcutta in Ejectment Suit No. 6 of 2015, the scheme of Article 227 of the Constitution of India.
(2.) Petitioner's case in brief is that opposite party no. 1 as the plaintiff filed a suit for recovery of khas possession and mesne profit against the opposite party no. 2, M/s. Bihar State Electricity Board in the Court of Chief Judge, City Civil Court, Calcutta registered as Ejectment Suit No. 6 of 2015.
(3.) The contention of the petitioner is that pursuant to the notification dated 30th October, 2012 issued by Energy Department, Government of Bihar published in Gazette notification, the Bihar State Electricity Board has been restructured/re-organized and transformed under the provisions into five successor companies wholly owned and controlled by the Government of Bihar in terms of section 131 and 133 of the Electricity Act, 2003 namely, Bihar State Power (Holding) Co. Ltd. and four other subsidiary companies being Bihar State Power Generation Co. Ltd., Bihar State Power Transmission Co. Ltd., South Bihar Power Distribution Co. Ltd. and North Bihar Power Distribution Co. Ltd. In consequence of such transformation of Bihar State Electricity Board (hereinafter called as the Board) all assets and properties including the suit premises of the erstwhile the Board stood vested across the country to Bihar State Power (Holding) Co. Ltd., the petitioner herein since November, 2012.;


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