SK ASGAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this Article 226 petition dated April 1,2009 is seeking a mandamus commanding the West Bengal State Electricity Distribution Company Limited to give him electricity.

(2.) Seeking electricity the petitioner approached the distribution company that was and still is willing to give it, but could not and is unable to give it because of the objections raised by certain persons. Under the circumstances, the petitioner took out this petition without making the persons raising objections respondents in the case. Subsequently an application for their addition was taken out, and it is submitted that the application was allowed. However, the petition has not been amended incorporating names of the added respondents into the cause title thereof. The persons who have been added are represented by their Advocate, and the distribution company is also represented by its Advocate.

(3.) It has been submitted by Advocate for the private respondents that as many as two suits, one for partition and the other for declaration and injunction, and in which the petitioner is a defendant, are pending before the civil Court that has made an interim order restraining the petitioner from changing the nature and character of the property. According to him, in view of the injunction order of the civil Court that the petitioner has not approached seeking an order permitting him to take electricity to the property, there is no scope for the High Court to make an order under Article 226 directing the distribution company to give him electricity.