Smti.Nazima Rahman v. The Assistant Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/157/2025 Smti. Nazima Rahman Vs.

The Assistant Engineer and Another Mr. Alisham Venkatesh ... for the petitioner Mr. S. C. Mishra ... for the respondents March 21, 2025 [AKB] Item No.8 1.

The petitioner has encroached upon government revenue land and claims to be in settled possession thereof. In support of her possession the petitioner has relied on the certain documents. The petitioner has applied for electricity connection, but the same has not yet been granted. This has prompted the petitioner to approach this Court by filing the instant writ petition. 2.

Mr. S.C.Mishra, learned advocate representing the respondents disputes the fact that the petitioner is in settled possession, however, could not produce any document and/or establish that the petitioner is not in settled possession at this stage.

3.

Having heard the learned advocates appearing for the respective parties and in view of the ratio laid down in the judgement reported in 2011 (2) CHN (Cal) 768 Abhimanyu Mazumdar

Versus

Superintending Engineer, I am of the view that the concerned respondent authority should be directed to grant

electricity connection to the petitioner within a fortnight from the date of communication of this order, if the writ petitioner is found to be in settled possession of the land in question. The petitioner shall be entitled to enjoy electricity so long the writ petitioner is not dispossessed by due process, subject to payment of requisite charges and fulfillment of other criteria to get such electricity connection.

4.

It is made clear that grant of electricity connection on the petitioner's encroached land will not create any equity in favour of the petitioner or to be used by the petitioner as a document to establish possessory right over the subject plot to resist the rightful owner. 5.

The parties shall act on the basis of a server copy of this order, duly downloaded from official website without insisting for production of a certified copy thereof.

6.

Since, I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

7.

There shall be no order as to costs.

8.

The writ petition is thus disposed of.

( Raja Basu Chowdhury, J. )