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Calcutta High Court · body

2010 DIGILAW 886 (CAL)

Gopsai Avinandan Sangha v. West Bengal State Electricity Distribution Company Ltd.

2010-07-29

J.K.BISWAS

body2010
JUDGMENT 1. THE Court: THE first petitioner, a society registered under the West Bengal Societies Registration Act, 1961, cannot sue in its own name and hence the art. 226 petition at its instance is not maintainable. However, I think it will be appropriate to permit the second petitioner, who claims to be the secretary of the society, to proceed with the petition. 2. IT has been alleged that the licensee that was requested to increase the height of the existing high-tension line so that accident such as the one happening sometime ago may not happen again has not taken any step for the purpose, though the amount mentioned in the licensee's quotation was duly deposited in February, 2010. Counsel for the licensee submits that there is nothing to show that the consumer supplied the materials according to the list enclosed with the quotation. According to counsel for the petitioners steps were not taken for the reason that the licensee did not give further information in the matter. 3. IT seems to me that this is an unnecessary litigation. The parties were required to cooperate with each other so that the work in question could be executed. IT is not that the licensee (under the Electricity Act, 2003) was not inclined to increase the height of the existing high-tension line according to demand of the society. 4. IN my opinion, people such as the ones involved in this case will contribute a lot to the country's good if they stop thinking that no one under an obligation to work will work or should work unless the High Court orders under art.226 of the Constitution of INdia to work. A research will produce unbelievable findings about the number of art.226 petitions filed just for an order to act. In view of the above-noted situation, I dispose of the petition directing the Station Manager concerned to see that the work is completed within six weeks from the date of communication of this order. He shall guide all concerned and, if necessary, shall issue written directions. Everyone including the society and its officials shall strictly comply with the directions of the Station Manager. No costs.