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Calcutta High Court (Appellete Side)

The Mohalo Harijan Primary School & Anr vs The West Bengal State Electricity Board ... on 20 March, 2012

Author: Jayanta Kumar Biswas

Bench: Jayanta Kumar Biswas

                                                1



        In The High Court At Calcutta
          Constitutional Writ Jurisdiction
                  Appellate Side.


Present:
The Hon'ble Mr.Justice Jayanta Kumar Biswas.


             W.P.No.3779(W) of 2006
     The Mohalo Harijan Primary School & Anr.
                      v.
     The West Bengal State Electricity Board & Ors.


Mr.Tapan Chakraborty               .. for the petitioners.

Mr.Rammohan Chattopadhyay          .. for the licensee.

Mr.Abhisekh Prasad.        .. for the private respondent.

Heard on:      March 20, 2012.

Judgement on: March 20, 2012.

The Court:- The two petitioners in this WP under art.226 dated February 16, 2006 are the following: "1.The Mohalo Harijan Primary School, represented by the President, Md.Mofaz Hossain, son of Late Kazen Ali. 2.Jaten Mondal, Secretary Mohela Harijan Primary School - both are of Village Mohala P.O. Suki, P.S: Nabagram, District:Murshidabad."

The WP has been signed and presented by one Md. Mofaz Hossain. Advocate for the petitioners has not given any certificate that Mofaz Hossain was authorized to sign the WP on behalf of the second petitioner.

The first petitioner is the name of a school. It is not a person - natural or legal. A name of a school cannot sue. Nor can it be represented by a person, for a mere name cannot authorise a person to represent it. The second petitioner has not signed and presented the WP.

These, in my opinion, are sufficient to dismiss this WP summarily.

Even otherwise, I do not find any reason to interfere in the matter. The allegation is that the private respondent has illegally installed a submersible pump, and that the licensee under the Electricity Act, 2003 has not taken necessary steps for disconnecting supply of electricity to the private respondent.

In view of the provisions of West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 the validity and legality of the pump of the private respondent can be decided only by the Authorities under this Act. The licensee under the Electricity Act, 2003 has no jurisdiction to decide the question.

For these reasons, the WP is dismissed. No costs. Certified xerox.

(Jayanta Kumar Biswas, J) sm.