JAYANTA KUMAR BISWAS,J. - (1.) The petitioners in this WP under Article 226 dated July 25, 2011 are seeking a mandamus commanding West Bengal State Electricity Distribution Company Ltd., a licensee under the Electricity Act, 2003, to give them supply of electricity by breaking and removing the resistance put up by the private respondents.
(2.) Counsel for the petitioners submits as follows. The private respondents have no right to resist supply of electricity to the petitioners using the pole in question. In view of the provisions of section 43 of the Electricity Act, 2003 the licensee was under a statutory obligation to give supply of electricity breaking and removing the resistance with police help. Nobody can deprive the petitioners of their statutory right to supply of electricity.
(3.) The question is whether by not breaking and removing the resistance put up by the private respondents the licensee has failed in the discharge of its statutory duties under section 43 of the Electricity Act, 2003.;