(1.) WHETHER a licence can be directed by a Writ of Mandamus to supply electricity to a prospective consumer thereof without he being in lawful occupation of the premises at which such supply is sought, is the question which falls for determination before this Court in this proceeding.

(2.) DIVERGENT views have been expressed by Honble Division Benches and learned Single Judges of this Court while answering similar questions which arose for determination before Their Lordships.

(3.) THAT a lawful occupier is alone entitled to electricity and a trespasser has no such entitlement in terms of Section 12 (6) of the Electricity Act, 1910 (hereafter the old Act) has been laid down in the following decisions: (a) 1989 (1) C. L. T. (H. C.) 187 : M/s. Associate Indian Mechanical Pvt. Ltd. and anr. vs. C. E. S. C. Ltd. and ors. ; (b) and ors. ; and (c) 1999 (1) C. L. J. 567 : Aloke Saha vs. Smt. Rina Ghosh and ors. (DB).

(4.) RECENT decisions of this Court on interpretation of Section 43 of the electricity Act, 2003 (hereafter the new Act) holding that trespassers are not entitled to supply of electricity and that the word "occupier" must be construed as lawful occupier of the p