Gopes Biswas v. The Superintending Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/28/2023 Gopes Biswas Vs.

The Superintending Engineer and others Mr. Prakash Minj ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents January 19, 2023 [SR] Item No.8 The instant writ application is against the inaction on the part of the respondent authorities to ensure electricity connection, even after fulfillment of the formalities by the writ petitioner, upon focusing her claim of settled possession of land.

The admitted case, as presented by the writ petitioner, is that though she had encroached upon a government revenue bearing land, but she claims to be in settled possession thereof.

In support of such possession the petitioner has relied upon the documents including Aadhaar Card annexed with the petition. The petitioner had applied for an electricity connection, but the same could not be considered. That is why the petitioner approached this Court by filing instant Writ Petition under Article 226 of the Constitution of India. The respondents have not able to produce any document to

rebut the presumption arose out of the documents filed on behalf of the petitioner.

Both the learned Advocates appearing on behalf of the parties to this Writ application have referred to the case of Abhimanyu Mazumdar vs. Superintending Engineer reported in 2011(2) CHN (CAL) 768. The ratio of the decision referred herein above, may be squarely applied over here. On perusal of the decision, the concerned respondent authorities are directed to grant electricity connection to the petitioner, if there is no electricity connection enjoyed by the petitioner in the meantime, within four weeks from the date of communication of this order, if the Writ petitioner is found in settled possession of land-in-question and entitled to the enjoyment of electricity so long the writ petitioner is dispossessed by due process, subject to payment of all requisite charges and fulfillment of other procedure to get such electric connection.

I make it clear that grant of electricity connection on the petitioner's encroached land will not create any equity in favour of the petitioner over the subject plot to resist the rightful owner.

Since I have not asked for any affidavit the allegation contained in the Writ petition are deemed to have not been admitted by the respondents. Parties shall act on the basis of server copy of this order downloaded from the official website without insisting certified copy thereof.

With the aforesaid observation the writ petition stands disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court, pending application of certified copy upon compliance of formalities.

( Subhasis Dasgupta, J. )