- (1.) THE petitioner in this WP under art.226 dated January 10, 2012 is seeking the following principal relief: "a) A writ of and/or in the nature of Mandamus commanding the respondent authorities to take appropriate steps against the respondent no.5 for illegal installation of submersible pump on the plot no.158 of Mouza- Kulrakhi under Police Station- patashpur of District- Purba Medinipur as well as for pilferage of electricity for operation of his said submersible pump in accordance with law."
(2.) THE WP has been filed referring to an Act titled "West Bengal Electricity Act, 2003." The impression given is that the issues involved in the WP are to be decided applying the provisions of this Act. No Act titled "West Bengal Electricity Act, 2003" exists. The first respondent is one "The West Bengal State Electric Board." It is an imaginary entity, for no such thing exists. Counsel for the petitioner submits that the respondents have failed and neglected to take action against the private respondent on the basis of the petitioner's representation dated October 31, 2011 (at p.30).
(3.) IN the representation the petitioner alleged that the private respondent was wrongfully consuming electricity for operating his pump. He requested West Bengal State Electricity Distribution Company Limited, a licensee under the Electricity Act, 2003, not to give the private respondent supply of electricity. An order cannot be made directing the licensee not to give supply of electricity to the private respondent. Such an order will amount to preventing the licensee from discharging its statutory duty under s.43 of the Electricity Act, 2003. An order is not passed restraining an authority from discharging its statutory duty.;