In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Present : The Hon'ble Mr Justice Jayanta Kumar Biswas W.P.No.16672(W) of 2010 M/s. Krishna Collapsible Gate Company & Anr.

-vs-

Calcutta Electric Supply Corporation Limited & Ors.

        Mr. Biswaroop Bhattacharjee
        Mr. Joydeep Acharya                             .... for the petitioners

        Mr. Rajiv Lall                                         ....for CESC

       Mr. Kallol Basu                    ....for the Pollution Control Board
Heard on : August 11, 2010 
 
Judgment on : August 11, 2010

The Court : The petitioners in this art.226 petition dated July 28, 2010 are alleging that without disclosing any reason CESC disconnected electricity to them. They are seeking a mandamus commanding CESC to reconnect the supply at once.

Counsel for the petitioners submits that on enquiry the petitioners learnt that CESC disconnected electricity to the petitioners while enforcing an order of the West Bengal Pollution Control Board dated April 23, 2010 (at p.38). His submission is that the order could not apply to the petitioners whose names were not mentioned therein.

Counsel for CESC submits as follows. Supply to the petitioners was disconnected in terms of the order of the West Bengal Pollution Control Board dated April 23, 2010. When CESC people went to disconnect electricity to the two establishments against which the Board made the order dated April 23, 2010 it was found that the two establishments were getting electricity through two meters: 4028381 and 4028382. Under the circumstances, CESC people disconnected supply through those meters. Consequently the petitioners, presumably getting supply through one of those meters, have been affected.

There is no dispute that CESC was bound to carry out the statutory order made by the West Bengal Pollution Control Board. Whether the petitioners were bound by the order is not to be decided by me in this petition. If they were aggrieved, then their remedy was before the appellate authority under s.31 of the Air (Prevention and Control of Pollution) Act, 1981. There is no reason to permit them to question the order of the West Bengal Pollution Control Board in this petition in an indirect manner.

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

(Jayanta Kumar Biswas, J) sb