JAYANTA KUMAR BISWAR,J. - (1.) The petitioner in this WP under Article 226 dated January 24, 2012 is seeking the following principal relief: "a) A writ in the nature of Mandamus commanding the respondent No. 4 to consider and decide the objection (Annexure-P/1 to the Writ Petition) for not giving electricity connection to the proposed submersible pump of the respondent Nos.5 to 7 forthwith;"
(2.) The objection marked "P1" is at p.15 and it was sent to the Station Manager of West Bengal State Electricity Distribution Company Limited, a licensee under the Electricity Act, 2003. The allegation is that the private respondents were installing a submersible pump within the prohibited distance from the pump of the petitioner. The petitioner requested the licensee not to give supply of electricity for operating the pump of the private respondents.
(3.) Mr. Samanta appearing for the petitioner submits that in view of the Single Bench decision of this Court in Kartick Chandra Mondal v. Chairman, WBSEB and Ors., 2007(4) CHN 579 (para.21) the licensee, though is empowered to decide the question under any provision of law, ought to have considered the petitioner's objection to supply of electricity to the private respondents for operating their illegal pump.;