- (1.) THIS is an application by the Municipal Corporation of Chandernagore and the Mayor, Municipal Corporation of Chandernagore under Art. 226 of the Constitution. The respondents are the Chandernagore Electric Supply Co. (Private) Ltd. , the Chief Electric Inspector and the State Government of West Bengal. The petitioners ask for a Writ of Mandamus upon the respondents to cancel and withdraw the letter dated the 1st of January, 1958 and for a proper writ or order to protect the alleged fundamental rights of the petitioners guaranteed by Fart III of the Constitution.
(2.) THE letter of the 1st of January, 1958 to cancel which the petitioners seek the Writ of Mandamus is an annexure to the petition. The letter is a demand for payment of electricity bills. The Chandernagore Electric Supply Co. (Private) Ltd. wrote to the Mayor of the Municipal Corporation of Chandernagore on that date in that letter stating that in spite of repeated requests and reminders the Company had not received full payment of the bills for electric energy supplied to the Corporation in respect of the motors installed at Gondalpara, Boro and Khalisani under the Company's license, conditions of supply and standard rates and charges. The Company states in that letter that the bills in respect of the above motors had not been paid from September, 1956 to November, 1957. The statement showing the outstanding in detail is enclosed with that letter. The amount remaining outstanding on account of those motors came to Rs. 22,636-14-2 up to November, 1957. A summary of that outstanding amount is also given in the letter. At the end of the letter the Company stated that unless that sum was received by the Company on or before the 10 the of January, 1958, they would disconnect the supply on the 11th of January, 1958 in accordance with the provisions of section 24 (1) of the Indian Electricity Act, 1910. This was the cause of the application. The petition was affirmed just the day previous to the 10th of January, 1958, that is, on the 9th of January, 1958. Petitioners say in their petition that they want their "fundamental rights" protected by a Mandamus. I do not see how the right to receive electricity under a contract of supply becomes a "fundamental right" under the Constitution. When the petitioners moved this application I made the order that it should be moved upon notice to the respondents. Such notice has been given and the respondents have appeared and opposed the issue of any Rule.
(3.) THE main grievance of the petitioners, is that the rates having been increased, they are not liable to pay at the increased rates but at the old rates. The old rates according to the petitioners are to be found in the Agreement of the 17th of September, 1947 which was an agreement for the supply of electrical energy to the Pumping Stations at Boro and the Water Works at Gondaipara between the Company and the then Colony of French India which was the consumer. It is the petitioners' whole case that the rates mentioned in this Agreement still prevailed because by clause (12) that agreement was supposed to last for a period of 20 years subject to a notice of termination of six month either by the consumer or by the Company, and no notice of termination has been given in this case.;