S.B. Sinha, J. - (1.) The petitioner in this application has, inter alia, prayed for the following relief : "(a) Ao issue a Writ in the nature of Mandamus commanding the respondents concern not to give effect or further effect of the order dated 9th March 1996 passed by D. Som, Secretary, West Bengal State Electricity Board, Bidyut Bhavan, Salt Lake City, Calcutta 700 091 and to act in accordance with law."
(2.) The fact of the matter is riot much in dispute.
(3.) The petitioner is a firm registered under the Indian Partnership Act and carries on business, object whereof is to carry on agricultural operation as also pisciculture operation. According to the petitioner, in view of the provisions of West Bengal Agricultural Produce Marketing (Regulation) Act, 1972, and West Bengal Town and Country (Planning and Development) Act, 1979, pisciculture would also come within the definition of agriculture. It is further the contention of the petitioner that even the Central Government in terms of circular dated 10.5.94 as contained in Annexure 'H' to the writ application, requested the State Governments that electricity and water should be made available to fish farmers at concessional rates by the State Governments as is done for agriculture. By reason of another circular letter dated 5.8.94, it was stated that : "I am directed to refer to this Ministry's letter of even number dated 10.5.94, on the subjects, cited above (copy enclosed). It is requested that the matter to treat fish farming as an allied activity of Agriculture for supply of water and electricity at concessional rates to the fish farmers, may kindly be looked into and action taken in this regard may be initiated to this Department urgently.";