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Calcutta High Court · body

2011 DIGILAW 3 (CAL)

Ganapati Ghosh v. The West Bengal State Electricity Distribution Company Limited

2011-01-04

JAYANTA KUMAR BISWAS

body2011
JUDGMENT : The Court : The petitioner in this art.226 petition is seeking a mandamus commanding the licensee under the Electricity Act, 2003 not to give supply of electricity to the private respondent for operating his submersible pump. Counsel submits that the District Level Authority concerned has wrongfully issued a certificate of registration to the private respondent for operating his submersible pump installed within 200 metres from the legally installed pump of the petitioner. He draws my attention to the document at p.22. It is an application to the Senior Geologist. Counsel for the private respondent submits that the private respondent has obtained certificate of registration from the District Level Authority concerned authorising the private respondent to extract ground water using his submersible pump. In my opinion, the petitioner ought to have approached the District Level Authority that issued the certificate to the private respondent. So long as the certificate remains in force, the licensee is under an obligation to supply electricity to the private respondent, and the licensee does not possess any power to decide the validity of the certificate. The application sent to the Senior Geologist cannot be considered an application to the District Level Authority. For these reasons, the petition is dismissed making it clear that nothing herein shall prevent the petitioner from applying to the District Level Authority concerned seeking cancellation of the certificate issued to the private respondent; and that if an application is made, the authority will deal with it according to law. No costs.