Satyabrata Sinha, J. - (1.) In this application, the petitioner has, inter alia, prayed for issuance of a Writ of and/or in the nature of Mandamus directing the respondents to grant supply of electrical energy to the house of the petitioner situate on plot Nos. 2191 and 2188 purported to be in terms of a settlement as contained in annexure 'F' to the writ application. It is admitted that in relation to the aforementioned two plots, the private respondents have filed a suit claiming their right, title and interest in relation thereto despite the fact that the said two plots had been recorded in the record of rights as pathway. The question as to whether the entry in the record of rights is correct or not, is subject matter of the aforementioned civil suit. In this view of the matter, this Court in exercise of its jurisdiction under Article 226 of the Constitution of India cannot direct the West Bengal State Electricity Board and its officers to grant electric connection to the petitioner by drawing up electric line over the said two plots, particularly in view of the fact that it is admitted by the learned Counsel for the parties that an order of status quo has been passed by the civil Court. Furthermore, this Court cannot issue any such direction upon the West Bengal State Electricity Board or by any other authority when the same would amount to declaration as regard the nature of the land in question which, as noticed hereinbefore, is sub judice.
(2.) For the reasons aforementioned, this application is disposed of with a direction that the respondents may grant electrical energy to the petitioner upon drawing up electric line through an undisputed property and/or in terms of the provisions of the Indian Electricity Act and the Rules framed thereunder. However, in the event the said suit/Misc. Appeal is decided in favour of the petitioner, it would be open to the authorities of the West Bengal State Electricity Board to make suitable changes in the matter of drawal of electric line. The civil Court is hereby requested to disposed of the matter at an early date.
(3.) Urgent xerox certified copy be supplied on priority basis. Writ Petition disposed of with direction.;