JAYANTA KUMAR BISWAS,J. - (1.) The petitioner in this WP under Article 226 dated February 20, 2012 is questioning an order of West Bengal Electricity Regulatory Commission dated January 31, 2012 (at p.45) passed under section 142 of the Electricity Act, 2003.
(2.) In proceedings initiated by the private respondent the Ombudsman under section 42 of the Act passed an order dated June 21, 2011 asking the petitioner to make refund and pay compensation. Feeling aggrieved the petitioner filed a WP before this Court. The WP was due to appear on January 5, 2012.
(3.) Alleging that the petitioner did not comply with the order of the Ombudsman the private respondent filed a complaint under section 142. The Commission took up the complaint for hearing on January 4, 2012. Giving no importance to the petitioner's WP filed before this Court the Commission proceeded to decide the complaint and passed the order dated January 31, 2012. The WP filed by the petitioner was actually taken up for hearing on January 5, 2012 when hearing was adjourned so that the petitioner might take necessary steps for amendment. The amendment application filed is pending.;