Authority: Calcutta High Court
Order Date: 22 June 2026
Case Overview
- Appellant: Sadhana Mondal (claiming ownership of the disputed premises by deed of gift and will) vs Respondent No.1: Shibani Adak Sikdar (occupying the premises) and others.
- The dispute concerns an order dated 12 June 2026 in WPA 10765 of 2026 directing CESC Ltd to supply electricity to the respondent despite the appellant’s claim of ownership.
- The appellant contended that the direction was illegal because the respondent had no right, title, or interest, and sought to have the order set aside.
- The court noted that the respondent is in possession, a suit for eviction of a trespasser is pending, and that electricity is an essential commodity under Article 21 of the Constitution of India.
Final Outcome
- The court modified the earlier order, granting CESC Ltd liberty to break the padlock, remove the existing meter (in the name of the respondent’s husband), and supply electricity to the respondent after compliance with all formalities.
- The supply of electricity does not create any equity in favor of the respondent; the pending eviction suit will determine ownership rights.
- The suit shall proceed in accordance with law, and the learned judge shall not be influenced by this order.
- No order as to costs was made.
- Parties are directed to act on the basis of the server copy of this order.
Topics: Electricity Supply, Property Ownership Dispute, Court Order