Decided on December 18,1996

CESC LIMITED Respondents


Satyabrata Sinha, J. - (1.)The petitioner in the writ application has inter alia, prayed for the following reliefs:
"(a) Writ in the nature of Mandamus commanding the respondents to supply electricity by installing of new meter immediately in 250A and 250/2 (new he being 250A) at plot No. A- 20 and A-22 of G.T. Road (N), P.O. Liluah, P.S. Bally Dist. Howrah".

(2.)It is not in dispute that a licence has been granted by the respondent company in terms of section 3 of the Indian Electricity Act. The respondent company is therefore bound by the terms and conditions of the licence. Despite its statutory obligation to supply electrical energy to the owner or occupier of the premises the respondent company has refused to do so only on the ground that a bulk supply has been given in the area in question to M/s. Hanuman Industries and at the nature of such supply in high tension the petitioner has been asked to approach the said M/s. Hanuman Industries for the purpose of obtaining electrical connection. In terms of the provision of the Indian Electricity Act, 1910 the electrical energy can be generated and supplied only by a licensee or by a person who has been so authorised in terms of section 28 of the Indian Electricity Act: Apart from the licensee and those persons in whose favour sanction has been accorded under section 28 of the Act no other person either can generate or supply the same to the third party.
(3.)Mr. Deb, learned counsel appearing on behalf of the C.E.S.C. Ltd. when called upon could not satisfy me by showing any provision of the condition of licence or the provision of the Indian Electricity Act and/or Rules framed thereunder that the licensee can delegate its power in favour of any third party for the purpose of supply of electrical energy.

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