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2026 DAILYLAW 29994 (CAL)

CESC LIMITED v. ARUP SARKLAR

FMA/130/2021 · 2026-07-23

Chaitali Chatterjee Das, Ravi Krishan Kapur

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L.15. July 23, 2026. KAUSHIK F.M.A 130 of 2021 CAN 1 of 2020 (Old CAN 2416 of 2020) CESC Ltd. VS. Arup Sarkar & Ors. Mr. Soumya Majumder Mr. Shounak Mitra Mr. Aditya Sarkar … for the appellants. Mr. Biswaroop Bhattacharya Mr. Oishik Chatterjee ….for the respondents. 1. The instant appeal is directed against a judgment and order 11th February, 2020 allowing the writ petition and directing the Calcutta Electric Supply Corporation Limited (CESC Ltd.) to provide a new electricity connection to the writ petitioner under the category ‘Domestic Urban’. 2. Briefly, the writ petitioner, a lawyer by profession seeks a domestic (urban) connection and challenges the demand raised on him on the basis of a commercial (urban) connection. By the impugned judgment, the Learned Trial Court allowed the petition and directed the appellants to provide the petitioner with a new electric connection under the category 'Domestic (Urban)'. 3. It is fairly admitted by both the parties that during the pendency of the appeal and pursuant to orders of Court including the 2 order dated 22nd November, 2021, the electricity connection to the premises of the writ petitioner has been granted and installed under the category ‘domestic user’. 4. In view of the subsequent facts which have transpired during the pendency of the appeal, the instant appeal has for all purposes become infructuous. 5. The broader question of law which has been raised by the appellant as to whether as an absolute proposition, a lawyers’ chamber/office can ever be categorized as ‘commercially charged property’ as defined under the Tariff Regulations is left open and is to be decided in an appropriate proceeding. 6. F.M.A. 130 of 2021 alongwith the connected interlocutory application stands disposed of. 7. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis on compliance of all formalities. (Ravi Krishan Kapur, J.) I agree. (Chaitali Chatterjee (Das), J.)