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Calcutta High CourtWPA/84/2025dismissed

Shri.Sanjeev Mondal v. The Superintending Engineer And ORS.

2025-10-28Hon'Ble Justice Shampa Sarkar2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/84/2025 Shri Sanjeev Mondal Vs.

The Superintending Engineer and others Mr. B.N.Maheshwar Lal ... for the petitioner Mr. S.C.Mishra ... for the respondent nos. 1-4 Mr. Adarsh Ilango Ms. Sohini Biswas ...for the respondent nos.5-11 October 28, 2025 [SR] Item No. 6 The petitioner is aggrieved by disconnection of an electric meter from which the petitioner allegedly was enjoying electricity. The petitioner contends to be in settled possession a part of survey plot no.112 at Netaji Nagar, Teshil Hut Bay, Little Andaman.

Mr. S.C.Mishra, learned advocate for the electricity authority submits that the recorded owner of the premises had been allotted an electric meter bearing No. Z6/1596. Upon death of the consumer, the legal heirs applied for disconnection of the meter. The said application was made by one Smt Sarasati Mondal wife of Late Monindra Mondal (consumer since deceased) to the Assistant Engineer, Electricity Department, Hut Bay Little Andaman.

It was stated that her husband expired on August 27, 2017. The supply was not converted to the names of other heirs and she wished to avoid any untoward incident. She prayed for

disconnection. As per the application of the spouse of the deceased consumer, the line was disconnected on May 15, 2024.

Learned advocate for the petitioner submits that the deceased consumer had allowed him to construct a house on plot and also enjoy the electricity from the disconnected meter. This is a disputed question of fact which cannot be gone into by the writ court. However, the law is well settled, that in the event any person is found to be in possession of any premise, electricity shall be supplied to the said person, irrespective his right, title and interest not being proved, provided such person does not claim any right or equity in his favour.

Under such circumstances, the writ petition is disposed of. The prayer for re-connection of the disconnected meter cannot be allowed. However, the petitioner will be at liberty to apply for new connection in his name before the authority. The same shall be processed strictly in accordance with law. As no affidavit-in-opposition has been filed, the allegations made by the petitioner are deemed to be denied. Parties are to act in terms of the server copy of this order duly downloaded from the official website of this Hon'ble Court. ( Shampa Sarkar, J. )