- (1.) The petitioner in this art.226 petition dated September 26, 2011 is seeking the following principal relief: "a)A writ of and/or in the nature of Mandamus commanding the Licensing Company being the respondent nos. 1 to 3 to install the electric connection to the premises of the private respondent herein without affecting the land of the petitionr in view of the ad interim order of injunction passed by the learned Civil Court in Title Suit No.227 of 2011."
(2.) Mr.Dutta appearing for the petitioner submits as follows. During pendency of the suit instituted by the petitioner in the Civil Court and operation of the interim order restraining the respondents including the licensee under the Electricity Act, 2003 from using the petitioner's property for giving supply of electricity to the private respondent, the private respondent moved this Court under art.226 out of which an appeal arose, and the Division Bench passed an order dated September 7, 2011 directing the licensee to give the private respondent supply. Hence it is necessary for this Court to explain that supply, if any, should be given to the private respondent without using any part of the petitioner's property. Mr. Dutta has relied on Shivdeo Singh & Ors. v. State of Punjab & Ors., 1963 AIR(SC) 1909
(3.) A petition under art.226 cannot be entertained only for examining the question of clarifying a situation. Admittedly, the petitioner is not questioning any decision of the licensee. He is saying that in view of the existing interim order of the Civil Court and the order of the Division Bench this Court should exercise power under art.226 for clarifying that the licensee will be free to give supply to the private respondent without using any part of the petitioner's property.;