- (1.) This Rule under Article 226 of the Constitution is directed against the notice No. M/572, dated October 13, 1961 (annex. D to the petition), issued by the West Bengal State Electricity Board (Respondent No. 2), calling upon the Petitioners to execute an agreement by November 30, 1961, for supply of electricity by the Board on payment of charge according to the standard tariff of the Board, since Government had revoked its sanction under Section 27 of the Indian Electricity Act, 1910, by which the Calcutta Electric Supply Corporation (added Respondent No. 4) had been authorised to supply electricity to the Petitioners previously.
(2.) The Petitioners are residents of the area called Ghosepara within the Bally Union Board which is to the west of and is separated from the Bally Municipality by a Railway line. The Bally Municipality is within the 'area of supply' covered by the licence of the Calcutta Electric Supply Corporation (hereinafter referred to as the 'Corporation'), but the Bally Union Board is not. By its letter No. 11168-70 of November 28, 1935, (annex. A to the petition), however, the Government of West Bengal authorised the Corporation, under Section 27 of the Indian Electricity Act, 1910 (hereinafter referred to as the Act of 1910), to supply electricity to ten premises in Ghosepara within the Bally Union Board even though such premises were situated outside the area of supply under the Corporation's licence under the Act. The six Petitioners, along with others, were thus being supplied electricity by the Corporation. The concluding paragraph of this sanction under Section 27 (annex. A) stated: This sanction will hold good till such time as any licensee whose area of supply may cover the premises in question is in a position and prepared to supply energy to those premises.
(3.) It would be useful to refer to the relevant portion of Section 27 of the Act of 1910 at this stage: Notwithstanding anything in this Act, the State Government may, by order in writing and subject to such conditions and restrictions, if any, as it thinks fit to impose, authorise any licensee to supply energy to any person outside the area of supply.... Provided, fourthly, that, save as aforesaid, the provisions of this Act shall apply in the case of any supply authorised under this section as if the said supply were within the area of supply.;