Anamika Mondal v. The Superintending Engineer And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/115/2022 Anamika Mondal ... Petitioner Vs.

The Superintending Engineer and another ... Respondents Mr. Ananda Halder ... for the petitioner Mr.Salim Mohammed ... for the respondents April 27, 2022 [GNC] Item No.5 The father of the petitioner and the petitioner allegedly encroached upon a piece of government revenue land bearing survey No.1 /P situated at Calicut village, under Port Blair Tehsil, South Andaman District sometimes in the year 1991. It is alleged that subsequently, the father of the petitioner left the islands, but the petitioner continued to be in settled possession of the said land since 1991. The petitioner allegedly has also constructed a residential house thereupon.

The petitioner approached the respondent No.2, i.e. Assistant Engineer, Electricity Department, Pathargudda, Port Blair Tehsil, South Andaman District for grant of electricity connection. The said application has been annexed as Annexure P-3 at page 18 of the writ application. It is alleged that as the petitioner is in settled possession, the Electricity Department was duty bound to supply electricity to the building of the petitioner.

Reliance has been placed on the decision of Abhimanyu Mazumder and others vs. The Superintending Engineer and others reported in 2011 2 CHN 768. The Full Bench held, that if a person was in settled possession of a property in question, the authorities were bound to provide electricity connection provided that such electricity connection would not create any equity in favour of such person. Mr.Halder submits that the authorities are not supplying the prescribed form to the petitioner for the purpose of grant of such electricity connection. Mr.Mohammed, the learned Advocate for the Electricity Department submits that unless the Department is satisfied that the petitioner is in occupation of the premises in question and is residing thereon, by building a residential house, the electricity connection could not be granted, as a matter of course.

Having heard the rival contentions of the respective parties, this court is of the view that a person in settled possession of any premises may be granted electricity connection as an "occupant". Such electricity connection would not create any right or equity in her favour. The writ petition is disposed of with a direction upon the respondent No.2, the Assistant Engineer, Electricity Department, Pathargudda, Port Blair to grant electricity connection to the premises of the petitioner, if the petitioner is found to be an 'occupant', in settled possession of the premises in question. The electricity connection shall be

granted in accordance with law, upon compliance of all other formalities by the petitioner.

The entire exercise shall be completed within a period of four weeks from the date of communication of this order. 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.)