- (1.) 1. Heard 1d. counsel for the appellant. This matter has been taken up at the second call, even then nobody appears for the respondent No.1.
(2.) This appeal is from an order dated 30.7.03 passed by a 1d. Judge of the Writ Court in connection with Writ Petition No.W. P. 11460 (W) of 2003. By the said judgment and order under appeal the 1d. Judge was pleased to dispose of the writ application without calling for the affidavits from the West Bengal State Electricity Board, the appellant before us. While disposing of the writ petition the 1d. Judge directed the Board to bear the cost of installation of transformer in connection with grant of electricity line for the submersible pump to be installed by the writ petitioner. The 1d. Judge while giving such direction relied on two judgments of this Court, one in the case of Kartick Chandra Bose vs. W. B. S. E. B., reported in AIR 2000 Cal 210 and one in the case of B. Chaudhury vs. W. B. S. E. B. & Ors., reproted in Ld. Counsel for the appellant Board submitted that those two judgments were rendered in a different context when the previous Act, viz. Electricity (Supply) Act, 1948, was in force. Ld. counsel further submitted that after the new Act, the Electricity Act, 2003, came into force, the statutory position has undergone a sea change and as a result of which previous judgments are no longer holding the field.
(3.) On such submission being made by the 1d. counsel, we looked into the judgment in the case of Kartick Chandra Bose and we find that in the said judgment the 1d. Judge was considering the provisions of sub-sections (2), (7), (11A), and (12) of section 2 of Electricity (Supply) Act, 1948 as also section 41 of the 1948 Act. Apart from that the 1d. Judge was considering supply in connection with domestic consumption.;