Somnath Iyer, J. - (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: "The license has fixed 24 Single -- Phase Meters for street lights at sight centres, i.e. three meters on one single board at each centre. General Consumer Section fuse and the Section-fuses for street lights are all installed on one and reminders from the Municipality and several warnings from the authorities concerned, the license has not cared to supply even to this day the information regarding the different public lamps brought under different meters, together with their wattage etc. The Municipality as, therefore, every reason to believe and, in fact believes, that the licensee as manipulated and is manipulating the readings of the meter of for street lights by connecting other loads which are not meant for them. Hence, the Municipality refuses to recognise the readings recorded by the alleged meters as correct and genuine. Under the circumstances, the Municipality has withheld and refuses to pay the alleged street light bills of the licensee, i.e. Messers. Maniv Bros. Gadag, till the whole matter is finally decided according to law. Fees, if any, for registration and decision of the disputes and differences referred to above shall be remitted, after hearing from you".
(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.;