C. Beulah v. The Superintending Engineer And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/135/2022 C.Beulah ... Petitioner Vs.

The Superintending Engineer and another ... Respondents Mr.V.D.Sivabalan ... for the petitioner Mr.Salim Mohammed ... for the respondents April 27, 2022 [GNC] Item No.17 The petitioner claims to have occupied a piece of government revenue land bearing survey No.255, measuring an area of 2000 square metres situated at New Bimblitan village, under Port Blair Tehsil, South Andaman District since 1990 and is residing thereon with her family by constructing house thereon.

The petitioner made an application on March 28, 2022 with necessary documents before the respondent No.2, i.e. Assistant Engineer, Electricity Department, Pathargudda, Port Blair Tehsil, South Andaman District requesting grant of domestic electricity connection. The respondent authorities despite receiving the application from the petitioner, have not supplied the prescribed form to the petitioner.

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.Mohammed, the learned Advocate for the Electricity Department submits that unless the Department was satisfied that the petitioner was in occupation of the premises in question and was residing thereon upon 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 his 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 six 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.)