Shri.P.Krishna Murthy v. The Superintending Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/31/2025 Shri P. Krishna Murthy Vs.

The Superintending Engineer and Another Mr. K. Vijay Kumar ... for the petitioner Mr. S. C. Mishra ... for the respondents February 06, 2025 [SR] Item no. 13 1.

The grievance of the petitioner is denial of supply of electricity to the premises of the petitioner by passing an order dated 20th December, 2024 which is at page 25 of the writ petition.

2.

It is submitted by learned advocate representing the petitioner that the order dated 20th December, 2024 is cryptic one and is bereft of reasons.

3.

Learned advocate representing the respondents has made submission to defend the order dated 20th December, 2024 based on regulation 5.30(8) of the Joint Electricity Regulatory Commission for the State of Goa and UTs (Electricity Supply Code) Regulations, 2018.

4.

However, on perusal of regulation 5.30(8), it appears that the electoral identity card is not only the document which needs to be relied upon in support of address proof of the applicant seeking supply of electricity.

5.

At first blush, it transpires that the order dated 20th December, 2024 is bereft of reasons and it further appears that

the petitioner was not granted opportunity to present his case before the concerned respondent authority upon placing reliance on the relevant document in support of address proof. 6.

Hence, order dated 20th December, 2024 stands set aside thereby directing the Superintending Engineer, being respondent no.1, to decide the application of the petitioner dated 11th December, 2024 after granting opportunity of hearing to the petitioner by eight weeks from the date of communication of this order. If application of the petitioner is rejected, Superintending Engineer is required to pass a reasoned order. At the time deliberation, petitioner shall be granted opportunity to rely upon relevant documents in support his address proof.

7.

The decision to be taken by the Superintending Engineer shall be communicated to the petitioner by ten days thereafter. 8.

Writ petition stands disposed of.

9.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocate appearing for the parties upon compliance of usual formalities.

( Saugata Bhattacharyya, J. )