JUDGMENT Satyabrata Sinha, J. The petitioner in the writ application has inter alia, prayed for the following reliefs: "(a) Writ in the nature of Mandamus commanding the respondents to supply electricity by installing of new meter immediately in 250A and 250/2 (new he being 250A) at plot No. A-20 and A-22 of G.T. Road (N), P.O. Liluah, P.S. Bally Dist, Howrah". 2. It is not in dispute that a licence has been granted by the respondent company in terms of section 3 of the Indian Electricity Act. The respondent company is therefore bound by the terms and conditions of the licence. Despite its statutory obligation to supply electrical energy to the owner or occupier of the premises the respondent company has refused to do so only on the ground that a bulk supply has been given in the area in question to M/s. Hanuman Industries and at the nature of such supply in high tension the petitioner has been asked to aproach the said M/s. Hanuman Industries for the purpose of obtaining electrical connection. In terms of the provision of the Indian Electricity Act, 1910 the electrical energy can be generated and supplied only by a licensee or by a person who has been so authorised in terms of section 28 of the Indian Electricity Act. Apart from the licensee and those persons in whose favour sanction has been accorded under section 28 of the Act no other person either can generate or supply the same to the third party. 3. Mr. Deb, learned counsel appearing on behalf of the C.E.S.C. Ltd. when called upon could not satisfy me by showing any provision of the condition of licence or the provision of the Indian Electricity Act another Rules framed thereunder that the licensee can delegate its power in favour of any third party for the purpose of supply of electrical energy. 4. The learned counsel for the respondent has referred to the provision of s. 22 of the Act for the purpose of showing that supply of electrical energy can be made only in respect of area of supply and thus the petitioner can be directed to take electrical energy from the aforementioned third party to whom the respondent company has been supplying electrical energy in a bulk.
The word "Area of supply" has been defined in s. 2(b) of the Indian Electricity Act to mean the area within which alone a licensee if for the time being authorised by his licence to supply energy. This very definition goes against the contention of Mr. Deb. 5. In that view of the matter there cannot be any doubt that any arrangement made by the petitioner and the aforementioned M/s. Hanuman Industries is illegal being in contravention of the provision of the Indian Electricity Act, 1910. The State Government if it so chooses may enquire into the matter and take action against the licensee in accordance with law. 6. In view of the fact that in terms of s. 22 of the Indian Electricity Act the respondent company has a statutory obligation to supply the electrical energy to the petitioner, they are directed to do so within four weeks from the date of compliance of the statutory and other formalities. 7. The writ application is disposed of with the aforementioned observations. 8. Let a plain copy of this order countersigned by the Assistant Registrar (Court) be handed over to the learned counsel for the parties on usual undertaking. Writ application disposed of