JAYANTA KUMAR BISWAS,J. - (1.) The petitioner in this WP under Article 226 dated January 2, 2012 is seeking a mandamus commanding the West Bengal State Electricity Distribution Company Limited, a licensee under the Electricity Act, 2003, to give her supply of electricity for operating a submersible pump for extraction and use of groundwater.
(2.) The admitted position is that the petitioner does not possess any certificate or permit issued by any Authority under the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 authorizing her to operate the submersible pump for extraction and use of groundwater. In view of the provisions of the Act no one in the State can extract or use groundwater without authorization by a certificate or a permit. Unauthorized extraction or use of groundwater is an offence under section 16 of the Act.
(3.) No provision of the Act entitles the petitioner to say that since she has applied for a certificate of registration of her existing well, during pendency of the application she is entitled to operate the pump installed in the well.;