GODAG BELGIRI MUNICIPAL BOROUGH GODAG Vs. ELECTRICAL INSPECTOR GOVERNMENT MUNICIPAL INSPECTOR GOVERNMENT OF MYSORE

JUDGEMENT

(1.) In this application for certiorari, the petitioner which is a Municipal, Borouth estabilished under the Bombay Municipal Boroughs Act asks us to quash the decision gives by the Electrical Inspector to the Government of Mysore on April 1, 1959 in a dispute referred to him by the petitioner under Section 26(6) of the Indian Electricity Act, 1910.

(2.) Respondent 2 in this application is a licensee supplying electrical energy to the consumers within the limits of the petitioner Municipal Borough under Part II of that Act. The petitioner is one of the consumers to which respondent 2 has been supplying energy, principally for the limitation of streets. There were disputes between the petitioner and respondent 2 in the year 1958 in regard to the rates chargeable and in regard to the manner of collection of the amounts due by the Petitioner. On December 23, 1958 the petitioner asked the Electrical Inspector who is responding 1 before us to decide a dispute which had according to it, arisen between the petitioners and respondent 2. This reference was made in the form of a letter and it reads:

(3.) The Electrical Inspector refused to decide the dispute referred to him on the ground that that dispute did not fall within Section 26(6) of the Act. He was of the view that the allegation made by the petitioner against respondent 2, was in substance an allegation of fraud in regard to which the petitioner was bound to seek the adjudication of a Civil Court in the ordinary way.