Uttam Basak v. Manager, Cesc Ltd. And ORS.

18.03.2026 Ct. No. 7 Sl. No. 3 RANJAN WPA 3918 of 2026 UTTAM BASAK VS.

MANAGER, CESC LTD. AND ORS.

Mr. Soumya Ray Ms. Anwesha Saha Mr. Pramit Panda ....for the Petitioner Mr. Suman Ghosh ....for the CESC LTD.

Mr. Surya Prasad Chattopadhyay Mr. Arjun Samanta Mr. Ankit Chatterjee Ms. Trishtriya Mancherji ....for the Private Respondents Affidavit of Service filed on behalf of the petitioner be kept with the records.

The grievance of the petitioner is directed against the refusal of the CESC Limited to disconnect the electricity supply to the premises which admittedly is not in the possession of the petitioner.

Briefly, the petitioner is the owner of both the premises No. 97A, Indra Biswas Road, Kolkata-700 037, P.S.-Tala, District-24 Parganas (South) and the adjacent plot being No. 97B, Indra Biswas Road, Kolkata-700 037, P.S.-Tala, District-24 Parganas (South) which has been subject matter of this writ petition. There are disputes by and between the petitioner and the private respondent and a civil suit for eviction is also pending.

It is also an admitted fact that after the death of the original tenant the meter in respect of the subject premises being No. 97B, Indra Biswas Road, Kolkata-700 037, P.S.-Tala, District-24 Parganas (South) has been transferred in favour of the private respondent no. 5.

In this back ground, the request there is no enforceable legal right which is petitioner can claim to seek disconnection of the electricity connection in respect of the subject premises.

The disputes between the parties are purely civil in nature, the procedure which the petitioner is adopted indirectly seek eviction of the respondent no. 5 is not warranted by law justified in the facts and circumstances of the case.

In such circumstances, WPA 3918 of 2026 stands dismissed.

It is made clear that the above findings will not prejudice the rights of the parties in the pending civil suit.

(RAVI KRISHAN KAPUR, J.)