S.B.Sinha, J. - (1.) The petitioner in this application has prayed for issuance of a Writ of or in the nature of Mandamus directing the respondent to supply electrical connection in the factory of the petitioner No. 1 at Pakuria, Post Office Lakshanpur, P.S. Domjur, District Howrah.
(2.) The petitioner is admittedly a consumer of electrical energy. It is also admitted that such supply of electricity is made in terms of the provisions of the Indian Electricity Act, 1910 and the Rules framed thereunder together with the conditions of supply. Such supply is being made to the petitioner by the first respondent in terms of an agreement dated 23.4.87. According to the petitioner various inspections have been carried out wherein defects in the metering system had been found, where the first respondent had been raising bill on average basis. As regard an earlier disconnection, various proceedings were also initiated in between 19.8.92 to 5.11.92 and an order of injunction was granted by the court subject to certain conditions mentioned therein. It is also the case of the petitioner that the meter and the meter reading card were being maintained by the first respondent. On 4.7.96 a Static Meter was installed when in then existing meter a defect had been found and corrected.
(3.) On 16.6.97, 17.6.97 and 23.6.97 inspections were held in the factory premises but no complaint was made to the petitioner. On 23.6.97 another meter was installed in addition to the existing one and on 27.6.97 the authorities of the first respondent together with a police force went into the factory and disconnected electrical line on the ground of theft/pilferage of electricity energy. A first Information report was also lodged by the Assistant Engineer and two Darwans of first petitioner had been arrested. The petitioner received bills upto May '98, average consumption whereof was Rs. 15,000/-to Rs. 30,000/-.;