- (1.) IN the instant application under article 226 of the Constitution of India, the petitioners, inter alia, pray for a declaration declaring that the decision making process adopted by the west Bengal State Electricity Board, hereinafter referred to as the Board in determining the alleged dues to the petitioner company as contained in the two supplementary bills both dated August 2, 1991 being annexure 'h' collectively to the petition and the consequential notice of disconnection issue by the respondent Board under section 24 of the Indian Electricity act, 1910 being annexures 'k' and 'm" collectively to the writ petition are ultra vires the provisions of Articles 14, 19 (1) (g) and 300a of the constitution of India and de hors the provisions of Section 26 (6) of the indian Electricity Act, 1910. The petitioners further pray for a writ in the nature of mandamus commanding the respondents to forbear from giving effect or from taking any steps pursuant to the two supplementary bills as referred to above and the notices of disconnection also referred to above.
(2.) ALTHOUGH this matter was argued. at length by both the parties yet the point for determination is rather short. But to arrive at that determination some recital of facts is required.
(3.) THE petitioner is an existing company incorporated under the companies Act. 1956 having its registered office and factory at 7, Council house Street Calcutta - 700001 and Bansberia. Dist. Hooghfy respectively and the petitioner No. 2 is a shareholder of the petitioner No. 1.;