JUDGMENT: 1. THIS appeal is at the instance of the respondents/appellants against the judgment and order dated 28.08.2008 passed by the Hon'ble First Court in W.P.1576 (W) of 2008 by holding therein which is as follows: "The submission of Mr. Dutta that under section 43 of the new Act electricity is supplied not to a person but to a person but to the premises has also not impressed this Court. In terms thereof, supply of electricity can be effected in a premises only upon a request being made by the owner of occupier thereof who intends to receive electricity. When the statute provides that supply shall be given 'to such premises', it would mean that supply is to be given to the extent of the premises applied for by the applicant, be it the owner or the occupier. Be that as it may, this point is not relevant for the purpose of a decision on this petition". 2. BY the said order the Court allowed the writ petition and directed the licensing company to restore the supply of electricity in favour of the writ petitioners which was disconnected on 17th January, 2008. The appeal has been filed by the appellants, licensing company, on the grounds as has been stated before us by Mr. Panja; first there is no privity of contract between the writ petitioners and the licensing company and after the death of the consumer, the agreement between the parties lapsed and, therefore, there is no privity of contract between the petitioners and the licensing company. Therefore, it is submitted that the Hon'ble First Court did not appreciate that position. 3. IT is further the case of the appellants that the statutory provisions and regulations framed under the Electricity Act, 2003 had not been properly appreciated by the Court at the time of passing of the said order. IT is further contended that until an application is filed in a prescribed form seeking supply of electricity at the premises in question in the name of the person/persons concerned under the provisions of law, supply cannot be effected in his/their favour without being satisfied that all the requisite norms which have been laid down under the regulations as well as the provisions of law had been complied with by the applicant. IT is also necessary for the licensing company to find out the required load and the test form which is to be signed by the licensed electrical contractor and, further, the security deposit to be deposited. Not complying with such steps, a person cannot ask for the supply of electricity at the premises in question and if any supply is granted without following such norms, it will de hors the provisions contained in the statute and the licensing company has no right to do so. IT is further submitted that there are certain procedures also to be followed which have been prescribed by the West Bengal Regulatory Commission as issued from time to time and the licensing company is also bound to by such regulations. Therefore, it is submitted that the Court did not even to consider the said positions in law and granted the prayer as prayed by the writ petitioners/respondents herein, which is nothing but miscarriage of justice with regard to the provisions of law. 4. AT the time of hearing of this appeal, Mr. Dutta, learned Advocate appearing on behalf of the respondents/petitioners, conceded to these questions of law and submitted before us that his clients will apply before the authority under the prescribed forms and follow the procedures before supply of electricity is effected in favour of them and, in fact, he did not raise any objections which were raised on behalf of the appellants. In these circumstances, we feel that the order so passed by the Hon'ble First Court is to be set aside in the light of the Electricity Act, 2003 as well as the regulations framed there under and, furthermore, it is to be taken into account that there is no privity of contract between the licensing company and the writ petitioners/respondents. Therefore, the writ respondents/writ petitioners on the basis of that contract which was entered into between the erstwhile consumer and the licensing company cannot come before the Court and ask for effecting the said contract in any manner whatsoever. On that ground alone this appeal is allowed and the order so passed by the Hon'ble First Court is hereby set aside.