Rashmi Rosalya Toppo v. The Superintending Engineer And Another
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/98/2026 Rashmi Rosalya Toppo Vs The Superintending Engineer and Another Mr. K. Mohammed Sheheer ... for the petitioner Mr. S. C. Mishra ... for the respondents March 02, 2026 [AKB] Item No.8 This writ petitioner has been filed by the petitioner seeking direction upon the respondent authorities to provide electricity connection in the dwelling house constructed over the land standing on survey No. 200/P, measuring an area of 200 Sq. Mts. situated at Shoalbay-08 village under Ferrargunj Tehsil South Andaman.
Learned counsel appearing on behalf of the respondents submits that the application for supply of electricity connection is under consideration. It is informed that respondents has already taken a steps to know the actual facts whether land falls under Forest area or not. Upon such receipt of the report the department will take appropriate action.
However it appears from the record that application for supply of electricity connection was made on 24.01.2026. 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 and fundamental right derived from the right to life under Article 21 of the constitution of India subject to certain conditions. It appears from the writ petition that such representation is under consideration of the concerned authorities. Therefore, it is not useful to keep this writ petitioner pending. Considering the submissions made on behalf of the Petitioner and on perusal of the materials on record, it would be served purpose, if the respondent no.2 is directed to consider and decide the representation of the petitioner appended with the writ petition 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 2 positively within a period of four weeks from the date of communication of this order along with copy of writ petition.
While considering the representation, the respondent no.2 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.2 It is made clear further that the respondent no.2 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.2, 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 98 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.)