Kartick Haldar vs The West Bengal State Electricity Distribution Company Limited and Others

Jayanta Kumar Biswas, J.—The Court: The Petitioner in this Article 226 petition dated April 13, 2011 is questioning a decision of West Bengal State Electricity Distribution Company Limited, a licensee under the Electricity Act, 2003, dated November 23, 2010 (at p.29) regarding his application for giving him supply of electricity to the premises in question.

The licensee has expressed its inability to give supply of electricity on the grounds that even after inspecting the premises three times it could not find any way to draw the service lines.

Counsel for the Petitioner submits that it is wrong to say that there is no way to draw the service lines. For the purpose he wants to rely on a certificate given by the Prodhan of the Gram Panchayat concerned. He says that, as a matter of fact, for objection of the private Respondents the licensee could not give supply of electricity.

It is evident from the case revealed by the petition that the question involved is whether the Petitioner has a right to use the property through which he wants to take supply of electricity to his premises.

The licensee does not possess any power to decide the question. The certificate of the Prodhan can at best be a piece of evidence; but that cannot be the decisive factor. There is no reason for me to entertain the petition for deciding the question in exercise power under Article 226.

In my opinion, the Petitioner''s remedy, if any, was before the Civil and Criminal Courts. He was free to examine the question of applying to the Criminal Court u/s 147 of the Code of Criminal Procedure, 1973.

For these reasons, I dismiss the petition. No costs. Certified xerox.