- (1.) Both the writ applications involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.
(2.) C.O. No. 18364(W) of 1996 has been filed by 16 persons praying inter alia for following reliefs :- "(a) to issue a writ in the nature of mandamus commanding the respondents and/or their agents to forbear from giving any effect and/or further effect to the impugned notice dated 16-9-96. Annexure 'F' issued by the Commercial Executive C.E.S.C. and the notice dated 11 -10-96 issued by the respondent No. 5. Annexure 'H' and rescind, revoke and cancel them all.(b) to issue a writ in the nature of mandamus commanding the respondents to forbear from giving any effect to the appointment of Respondent No. 5 as incharge of the C.M.C. Market, New Alipore by an impugned agreement and rescind, revoke and cancel them all.(c) to issue a writ in the nature of prohibition prohibiting the respondents from taking any steps to disconnect the electricity to the respective stalls/shops from L.T. service as before.(d) to issue a writ in the nature certiorari directing the respondents to transmit and to certify the records of the case including Annexure 'F' and 'H' within such time as may be prescribed by this Hon'ble Court and quash them all.(e) to issue an interim order of injunction restraining the respondents and/or their agents or subordinates from taking any steps to disconnect L.T. Service to the stalls/shops of the petitioners and restraining them further from giving any effect and/or further effect to the notice dated 11-10-96 issued by the Respondent No. 5 Annexure 'H' and restraining them also from interferring with the L.T. Service to the stalls/shops of the petitioners by an order of injunction till the disposal of the Rule."
(3.) The petitioner No. 1 of the aforementioned writ applications has filed the other writ application being C.O. No. 18909(W) of 1996 praying inter alia for the following reliefs :- (a) to issue a writ in the nature of mandamus commanding the respondents and/or their agents to forbear from giving any effect and/or further effect to the impugned order passed by the CESC authority to disconnect the electric supply to the wheat grinding machine at Stall No. B- 1 and 2 of the petitioner through the meter Nos. 46129K, 663094K and 440647K as mentioned in paragraph 2 to this petition and rescind, revoke and cancel them all.(b) to issue a writ in the nature of mandamus commanding the respondents and/or her agents to reinstall the said three Industrial meters to the said Meter Room of the CMC Market, New Alipore, Phase-II Building and to reconnect the electric supply to said wheat grinding machine at stall No. B- 1 and 2 of the petitioners and to record meter reading of the said meters of the petitioner month by month along with the CMC meter in the same meter room of CMC.(c) to issue a writ in the nature of certiorari directing the respondents to transmit and to certify the records of the case including the order of disconnection of electric supply to the said Stall No. B- 1 and 2 of the petitioner through the said three meters, within such time as may be prescribed by this Hon'ble Court, and quash them all.(d) to issue a writ in the nature of prohibition prohibiting the respondents from making any obstruction and/or hindrance to the CESC personnel to the access to the meter board position of the petitioner in the said Meter Room of the C.M.C. for taking meter reading month by month.(e) to issue an interim order of injunction restraining the respondents and their agents to forbear from giving any further effect to the impugned order of disconnection of electric supply to the wheat grinding machine of the petitioner at Stall No. 1 and 2 of the said New Alipore Market till the disposal of the Rule.(f) to issue a mandatory interim order directing the respondents to restore electric supply to the Stall No. B-182 of the petitioner for running his wheat grinding machine, by reinstalling said three Industrial meters of the petitioner as mentioned in paragraph to this petition till the disposal of the rule.";