K.Ganguli, J. - (1.) In the instant application under Article 226 of the Constitution of India, the petitioner challenges the action of the respondent No. 1 in treating the residential house of the petitioner as a commercial establishment and charging the petitioner on commercial rate for the electricity consumed at the residence of the petitioner.
(2.) The petitioner states that he has a residential house at No. 44, Chakraberia Road (South) consisting of 5 living rooms besides one kitchen, 2 bathrooms, 2 storerooms and corridor. There are 59 electric points in the said dwelling house. The drawing room of the petitioner has 7 electric points consisting of 4 light points, one fan point and 2 plug points.
(3.) It is the assertion of the petitioner that althroughout the petitioner was being charged for the consumption of electricity in respect of his dwelling house of the domestic rate.;