- (1.) The Court : The petitioner in this WP under art.226 is alleging that for wrongful resistance put up by the private respondents West Bengal State Electricity Distribution Company Limited, a licensee under the Electricity Act, 2003, is unable to erect pole for placing electric lines for giving him supply of electricity.
(2.) Counsel for the petitioner submits as follows. All the owners of the properties adjoining the place in question have given no objection. The private respondents have no right to put up any resistance to erection of the pole for placing electric lines for giving supply of electricity to the petitioner s premises. The licensee ought to have broken the resistance, erected the pole using the place in question, placed electric lines and given supply to the petitioner. Documents produced will show that the place in question is a road.
(3.) No provision of the Electricity Act, 2003 empowers the licensee to decide whether the petitioner has a right to use the place in question for erection of a pole so that placing electric lines using the pole electricity can be supplied to his premises. In exercise of what right the private respondents have been putting up resistance is not to be decided by the licensee or by this Court under art.226. Right of the parties is to be decided by the Civil and Criminal Courts. The petitioner was free to examine the question of applying under s.147 CrPC as well.;