K.Mohammed Ali v. The Assistant Engineer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/140/2025 K. Mohammed Ali Vs.

The Assistant Engineer Mrs. C. Kala Devi .... for the petitioner Mr. S. C. Mishra ... for the respondent March 20, 2025 [SR] Item No.3 1.

In view of the judgment of the Larger Bench of the Calcutta High Court, Circuit Bench at Port Blair in Abhimanyu Mazumdar vs. The Superintending Engineer and others, AIR 2011 Cal 64, the petitioner, in my view, is entitled to supply of electricity. There is no dispute that his is in possession of the property in question.

2.

Learned counsel for the Electricity Department has submitted that unless the Electricity Supply Code Regulations, 2018 clause 5.30 is not complied with, the petitioner is not entitled to supply of electricity.

3.

In view of the fact that the possession is not in dispute and the decision of the Large Bench of the Calcutta High Court has clearly settled the issue in Abhimanyu Mazumdar (supra), the insistence of production of the document as mentioned in clause 5.30 cannot be held to be mandatory so long the petitioner is able to show that he is in possession of the land in question.

4.

The learned counsel for the petitioner submitted that the petitioner is in settled possession since 2005. The petitioner

has already supplied Adhaar Card and Voter Identity card as proof of his possession.

5.

On such consideration, the Electricity Department is directed to give connection to the premises in question within 72 hours from the date of deposit of the requisite amount for electricity connection. The electricity department shall calculate the requisite amount and communicate the said amount to the petitioner on or before Monday (24.03.2025).

6.

The writ petition is disposed of. However, there shall be no order as to costs.

( Soumen Sen, J. )