SAHANAJ PARVEEN Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2012-2-99
HIGH COURT OF CALCUTTA
Decided on February 02,2012

SAHANAJ PARVEEN Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

- (1.) The petitioner in this WP under art.226 is seeking the following principal relief: "a) A writ in the nature of Mandamus directing the respondent No. to quash and/or cancel the quotation for temporary connection to the submersible pump of the respondent No.7 if it is issued at all plot No. 18."
(2.) It is submitted that the seventh respondent has made arrangements for operating an illegal submersible pump.
(3.) The licensee under the Electricity Act, 2003 has no power to decide whether the pump of the seventh respondent is illegal. If an application for supply of electricity is submitted, the licensee will incur a statutory obligation to decide the application. Hence the licensee cannot be prevented from considering the question of giving the seventh respondent supply. Such an order will amount to preventing the licensee from discharging its statutory duties. An order cannot be passed for the purpose.;


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