Albert Arun Tirkey v. The Assistant Engineer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/112/2022 Albert Arun Tirkey ... Petitioner Vs.

The Assistant Engineer ... Respondent Mr.Satish Chandra Mishra ... for the petitioner Mr.Ramendu Agarwal ... for the respondent April 22, 2022 [GNC] Item No.58 The petitioner claims to have constructed a house in the government revenue land bearing survey No. 123/1/2 measuring an area of 200 square metres situated at Miletilak under Ferrergunj Tehsil, South Andaman District and applied for electricity connection in the year 2019. Heard learned Advocate appearing for the parties. There is no dispute that the petitioner is in possession of the property in question and resides there. It is a settled proposition of law as propounded by the Full Bench of this Court in the matter of Abhimanya Mazumder and other vs. The Superintending Engineer and others reported in 2011 2 CHN 768, that if a person is in settled possession of a property in question, the authorities are bound to provide electricity connection provided that such electricity connection shall not create any equity in favour of such person.

There cannot be any impediment in granting electric connection to the petitioner and as such the respondent is directed to grant electricity connection within a period of six weeks from the date of compliance of with all other formalities by the petitioner.

With the above directions, the writ petition stands disposed of.

Parties are directed to act on the server copy of this order.

(Shampa Sarkar, J.)