B.Uma Pathi v. The Superintending Engineer And ANR
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/82/2026 B. Umapathi Vs The Superintending Engineer and Another Mr. Prakash Minj ... for the petitioner Mr. S. C. Mishra ... for the respondents February 25, 2026 [AKB] Item No.10 The writ petitioner has approached this court seeking direction upon the respondents to supply electricity connection in his dwelling house at Port Blair Tehsil, bearing survey No. 51/1/P.
It is the specific case of the petitioner that his father occupied a piece of government revenue land by encroaching and dwelling house has been constructed therein and residing peacefully. There are certain documents to proof the same. The petitioner has applied for providing electricity connection at his encroached land being application No. 35578 dated 24.10.2025. The said representation is not considered as yet and under consideration of the appropriate authority. Having heard the submission of the learned Counsel and on perusal of the record, it appears that the respondent authorities have not yet considered nor her prayer for supply of electricity rejected. The electricity is the basic necessity of life as well as fundamental right derived from the right to life under Article 21 of the Constitution of India subject to certain conditions.
It is, therefore, no use to keep this writ petitioner pending. Considering the submissions made on behalf of the parties and on perusal of the materials on record, it would serve purpose, if the respondent no.1 is directed to consider and decide the representation of the petitioner upon affording an opportunity of hearing to the writ petitioner and shall decide the same with a reasoned order strictly in accordance with law. The entire exercise, as directed above, shall be carried out and completed by the respondent no 1 positively within a period of three weeks from the date of communication of this order along with copy of writ petition.
While considering the representation, the respondent no.1 shall consider all other documents annexed with the writ petition and their applicability in the case. It is made clear that this Court has not gone into the merits of the claim of the petitioner in any manner and the petitioner will be at liberty to urge whatever points he wishes to urge by relying upon whatever records and documents he wishes to rely upon before the respondent no.1 It is made clear further that the respondent no.1 shall pass its reasoned decision in accordance with law independently without being influenced of any observation, whatsoever made herein above.
After the reasoned decision is arrived at by the respondent no.1, shall communicate the same to the petitioner positively within one week from the date of the said reasoned decision.
On the above terms this writ petition, WPA 82 of 2026 stands disposed of, without any order as to costs. All the parties shall act on the serve copy of this order duly downloaded from the official website of this Hon'ble Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties after observing all legal formalities. (Ajay Kumar Gupta, J.)