B.C.Basak, J. - (1.) This is an application under Article 226 of the Constitution directed against Rehabilitation Industries Corporation Limited and its officers. According to the petitioner they are occupiers of sheds Nos. A. 5-6 at the Behala Industrial Estate, Bonamali Naskar Road, Behala, District 24 Parganas founded by the opposite party under a scheme of the Government of India for the rehabilitation of Refugees from Pakistan (both wings). It is alleged that similar Industrial Estates were founded by the Government all over India and the tenants thereof were given the ownership of their respective plots under a hire purchase policy. It is further alleged that the tenants of the Behala Estate were also promised such ownership by the Government. It is alleged that the Rehabilitation Industries Corporation filed suits against their tenants, but later they took recourse to a method of compelling their tenants to pay their rents stopping their supply of Electricity, on the ground that they could do it under a provision of the contract of tenancy (licence). The Corporation is a licensee under the Electricity Board. The tenants appealed to the Electricity authorities and the latter by several letters informed the Corporation that under the provisions of Section 24 of the Indian Electricity Act, 1910 they could not stop such supply except for default in payment of Electricity dues. The petitioners further state that in spite of the same, the Corporation has been persisting in its attitude and has recently held out such a threat to the petitioners by a letter dated 30th of April, 1975 written by its special officer, referred to in Annexure B to the petition, although the petitioner has paid up its electric charges up to date. The petitioner replied to the said notice on 9th of May, 1975 but the respondents have not given any reply thereto and are likely to take an opportune moment to put their illegal notice into effect. This is the allegation in the petition.
(2.) Mr. Pal, learned advocate appearing on behalf of the respondents has taken a preliminary objection. He has submitted that the respondent No. 1 is a Company registered under the Companies Act and the respondents Nos. 2 and 3 are its officers. No writ lies against a private individual. Similar is the position when the Company is incorporated under the Companies Act.
(3.) In answer thereto, Mr. Choudhury appearing in support of this Rule has submitted that this is a Government of India undertaking and all the shares are held by the President of India. Accordingly it stands in the same footing as the State. The admitted position is that this company is registered under the Companies Act. He has further submitted that the allegation is that of breach of Section 24 of Indian Electricity Act, 1910. He has submitted that if there is a public duty and there is a breach thereto, writ petition lies irrespective of the question as to who is the person concerned. He has submitted that in this case the respondents were under an obligation imposed under the said Act and if there is a breach thereof then a writ would lie.;