N.N. Mitra, J. - (1.) The review application has been assigned to me since the Hon'ble Justice Paritosh Kumar Mukherjee declined to take up the review application on personal grounds.
(2.) In this review application, though it is defective (as the writ number has not been given, and the certified copy of the order sought to be reviewed has not been annexed to the review application), the petitioner has sought for review of the order dated 11th November, 1992 passed by Paritosh Kumar Mukherjee, J. dismissing the writ application as not maintainable on the ground that the Calcutta Electric Supply Corporation Limited is not an authority within the meaning of Article 12 of the Constitution of India.
(3.) Mr. Sanyal, the learned counsel, appearing on behalf of the petitioner contends inter alia, that the above finding was arrived at by the court without hearing him, and also without considering at all the question of maintainability of the writ application from the true perspective and further, the court has not considered various judicial decisions of the Hon'ble Supreme Court, where such a concern has been held to be an authority within the meaning of article 12 of the Constitution of India, and in support of his contention, the learned counselcited the decisions of the Hon'ble Supreme Court in CESC Limited, etc. v. Subhash Chandra Seh & Ors., reported in 1992 (1) LLJ page 475 and in Anadi Mukta Satguru Shree Muknerjee Vandas Swami Suvarna Jayanti Mahotsav Smarak trust & Ors. v. V.R. Rudani & Ors., reported in 1989 (2) LLJ page 324 . The learned counsel also refers to an order of the appeal Bench presided over by the then Chief Justice Desai, dated 3rd March, 1992 in FMAT No. 2827 of 1991 which was preferred by the aggrieved party against the CESC from an order passed in a writ application, and contends that no objection was raised by the CESC before the appeal Bench in that appeal regarding the maintainability of the appeal, and as the appeal Bench passed orders in the said appeal, it should be presumed, that the appeal Bench passed such orders considering CESC Limited as an authority within the meaning of Article 12 of the Constitution of India. The learned counsel further refers to certain documents including the balance-sheet and the annual report of the CESC Limited to show, that the company is an authority within the meaning of Article 12 of the Constitution of India, as it performs public duties in supplying electricity to its consumers including the general public.;