Chandan Rajput Banerjee @ Chandan Banerjee v. W.B.S.E.D.C.L Ltd & ORS

Item No. 4 In The High Court At Calcutta Constitutional Writ Jurisdiction (via video conference) 21.9.2020 Ct-19 W.P.A. 6339 of 2020 Chandan Rajput Banerjee @ Chandan Banerjee.

v.

State of West Bengal & Ors.

with IA No. CAN/1/2020 (Old No. CAN/4883/2020 Mr. Tauhid Khan ... for the petitioner.

Mr. B. Basu Mallick ... for the State.

Mr. Nilanjan Bhattacharjee ... for the respondent nos. 5 to 9.

Mr. Ram Mohan Chattopadhyay ... for WBSEDCL.

The petitioner prays for electricity connection. The learned advocate appearing on behalf of the licensing company submits that there is a civil dispute in between the parties. The learned Civil Judge (Junior Division), 4th Court, Howrah in T.S. No. 525 of 2020 by an order dated July 27, 2020 passed an ad interim

injunction directing the parties to maintain status quo as regards the nature, character and possession of the suit property.

It appears from the submissions made on behalf of both the parties that there are civil disputes involved in between the parties. It is not proper for the writ Court to enter and adjudicate the civil rights of the parties.

Moreover, there are several disputed questions of facts involved herein.

In view of the above, the writ petition being WPA/6339/2020 and IA No. CAN/1/2020(Old No. CAN/4883/2020) stand dismissed.

Liberty is granted to the petitioner to approach the appropriate forum in accordance with law for redressal of his grievances.

Urgent xerox certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh ( Amrita Sinha, J.)