BHANU CHARAN DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Court : Counsel for the petitioner submits that the petitioner is alleging that the licensee under the Electricity Act, 2003 is contemplating to give supply of electricity to the private respondent for operating an illegally installed submersible pump. He submits that the private respondent has wrongfully obtained an authorisation for operating the pump in question.

(2.) THE licensee has no power to decide whether any Authority under the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 has wrongfully issued the private respondent any authorisation to instal the submersible pump in question. The question could be decided only by the appropriate Authority under the 2005 Act, s.19 whereof entitles a user also to appeal against any action or decision of an Authority under the Act to the Appellate Authority.

(3.) I am, therefore, unable to see how with the grievance in question the petitioner can approach the High Court under art.226. The licensee will incur an obligation to decide the private respondent s application for supply, once the application is submitted. A mandamus cannot be issued restraining it from discharging its statutory duty under s.43 of the Electricity Act, 2003. Whether the licensee will give supply that is another matter, and that is to be decided by the licensee. If the petitioner thinks appropriate he can submit an objection to the licensee. But he is not entitled to any relief in this case.