MAT/1350/2026 of DIPANKAR GHOSH Vs CESC LIMITED AND OTHERS on 24 August 2026

1. The appellant is aggrieved by an order dated August 6, 2026, passed in WPA 16864 of 2026. By the order impugned, the learned Court directed the CESC authorities to shift the meter from the premises which was in occupation of the respondent Nos.4 and 5 of the writ petition, to the premises which is now in occupation of the writ petitioner. It appears that the CESC authorities were willing to do their job and had accepted the cost of shifting. The respondent nos.4 and 5 in the writ petition had resisted such shifting of the meter from one premises to the other and as such CESC could not complete the process of shifting. The respondent no.4 in the writ petition is aggrieved by the order and has filed this appeal. The respondent no.5 in the writ petition is not aggrieved by the order. It is submitted that, the writ petitioner and the appellant are co-owners and a partition suit is pending. The writ petitioner was intentionally trying to encroach upon the portion which the appellant has been enjoying.

2. We have heard the parties. Shifting of the meter to the premises at D2-38, New Panchanantala Road, Budge Budge, does not create any additional right, title or interest in favour of the writ petitioner. Until the partition suit is finally decreed and partition by metes and bounds is effected, all co-owners have equal right to enjoy every inch of a joint property.

3. Under such circumstances, shifting of the meter will neither create any equity nor right in favour of the writ petitioner. We do not find any averment to the effect that the meter was sought to be installed in any portion exclusively belonging to the appellant. There are also no records demonstrating that the place to which the meter was to be shifted was not a joint property.

4. Under such circumstances, the appeal and the connected application are dismissed.

5. We make it clear that shifting of the meter will not create any equity in favour of the writ petitioner and cannot be used in any forum as an assertion of right, title and interest over the place to which the

meter has been shifted, except on the basis of a decree of a Civil Court or an appropriate forum.

6. However, there shall be no order as to costs.

7. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Shampa Sarkar, J.)

(Arjun Ray Mukherjee, J.)