Harish Tandon, J. - (1.) A mandamus is sought declaring the admission of an application filed by the Damodar Valley Corporation (in short 'DVC') on 23rd July, 2014 before the West Bengal Electricity Regulatory Commission (in short 'WBERC') being violative of the provision contained under the Electricity Act, 2003.
(2.) ADMITTEDLY , the DVC is generating, transmitting and distributing the electricity in two states i.e. State of West Bengal and Jharkhand. The dispute arose when the Electricity Act, 2003, was enacted and the DVC was subjected to the jurisdiction of the Electricity Regulatory Commission for determination of the tariff.
(3.) SEVERAL litigations came to be filed and it was a unanimous stand of the DVC that they are governed by their own act, which cannot be overridden by enacting the Electricity Act, 2003.;