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[Cites 1, Cited by 2]

Calcutta High Court (Appellete Side)

Tajimuddin Sk vs West Bengal State Electricity ... on 12 March, 2012

Author: Jayanta Kumar Biswas

Bench: Jayanta Kumar Biswas

                                                       1



                           In The High Court At Calcutta
    12-03-2012                    Constitutional Writ Jurisdiction
                                           Appellate Side
     sb-9
.

W.P.No.3381(W) of 2012 Tajimuddin Sk.

-vs-

West Bengal State Electricity Distribution Company Limited. & Ors.



                         Mr. Debabrata Das Gupta                ...for the petitioner

                         Ms. Gopa Roy                        ...for the respondents


The order dated February 22, 2012 was passed on the basis of the wrong submission that the petitioner obtained a certificate of registration of existing well. The licensee under the Electricity Act, 2003 was directed to decide the petitioner's application for supply of electricity on the basis of the certificate. Subsequently it was detected that wrong submission was made, because the petitioner did not obtain any certificate. Now counsel says that the petitioner applied for certificate.

Until a certificate is obtained and produced with the application for supply, the petitioner cannot allege failure on the part of the licensee to consider his application for supply.

For these reasons, I recall the order dated February 22, 2012 and dismiss the WP. No costs. Certified xerox.

(Jayanta Kumar Biswas, J.) 2