Joshna Mistry v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/175/2025 Joshna Mistry Vs.

The Andaman and Nicobar Administration and others Mr. Lokesh Chezian N.

for the petitioner Mr. S. C. Mishra ... for the respondents April 10, 2025 [SR] Item No.6 Mr. Lokesh Chezian, learned advocate appearing for the petitioner submits that the petitioner is in settled possession of a government revenue land being Survey no.170/P measuring an area of 0.020 hectares situated at Chouldhari Village under Ferrargunj Tehsil, South Andaman ( hereinafter to referred to as the said land). She is residing in the house constructed upon the said land. On 19th August, 2024 the petitioner submitted an online application for grant of electricity connection. Pursuant thereto, a field enquiry was conducted and an estimate was prepared on 22nd October, 2024 but the assessed amount though offered by the petitioner was not accepted. Such fact was reported to the respondents by a letter dated 4th November, 2024.

However, no further steps were taken by the respondents on a purported plea that an objection has been lodged by one Anupam Sarkar, through his learned advocate stating, inter alia, that the petitioner had submitted an application in respect of the land in Survey No.535 though she is not in possession of the same. On the basis of that objection, a letter was issued by the Assistant Engineer, respondent no.

November, 2024 to verify and identify the survey nos.170/P and 535.

Record reveals that by an order dated 21st March, 2025, a Coordinate Bench of this Court directed the department to act in terms of the judgment of the Larger Bench of the Calcutta High Court, Circuit Bench at Port Blair Abhimanyu Mazumdar vs. The Superintending Engineer and others, AIR 2011 Cal 64 and to file a report in the form of an affidavit on the returnable date.

When the matter appeared on 2nd April, 2025, Mr. Mishra, learned advocate appearing for the respondents prayed for extension of time to file the report in the form of affidavit. Such prayer was considered and allowed.

Today, Mr. Mishra has filed a report affirmed by the respondent no.3 wherefrom it appears that the respondents are not standing in any way towards grant of electricity connection, as prayed for, by the petitioner. But a compliant was lodged by a private individual and the issue was relegated to the Tehsildar to verify and identify the concerned plots. As such report is still awaited, the respondents could not take appropriate steps to grant electricity connection.

Drawing the attention of this Court to the document annexed at page 22, Mr. Chezian submits that a representative of the Tehsildar conducted an inspection on 10th February, 2025 and it was reported that a house has been constructed as occupied by the tenant on a government revenue land at survey no.170/P and the survey no.535 is recorded in the name of Anupam Sarkar which does not contain any structure. In the

said conspectus, there can be no hindrance towards grant of electricity connection to the petitioner.

Mr. Mishra contends that no official communication has been received from the Tehsildar in response to the representation submitted by the respondent no.3 on 8th November, 2024.

I have heard the learned advocates appearing for the respective parties and considered the materials on record. Records reveal that acting on the application submitted by the petitioner, the respondent no. 3 conducted an inspection and the inspection report had been annexed to the report submitted in Court by the respondent no.3. In the said report, it had, inter alia, been observed that 'constructed a house on a encroach land near BSNL Office the house is in settle position as per report R/o Chouldari the status of land is Revenue land wide letter No.RO/MT/'. The said report tallies with the minutes of the inspection report conducted by the representative of the Tehsildar, as annexed at page 22 of the writ petition. In view thereof, it does not appear that there is any dispute as regards the settled possession of the petitioner over the said land in survey No.170/P.

Right to electricity comes within the ambit of fundamental right. The electricity authorities are also under an obligation of to process the application for grant of electricity connection as expeditiously as possible and to provide such electricity connection with a month from the date of submission of the application. No Regulation framed under the Electricity Act, 2003 can override the right of a person to get electricity connection. On a purported plea of non-receipt of information

from the Tehsildar the grant of electricity connection to the petitioner cannot be deferred or denied.

In view thereof, this Court directs the respondents to accept the estimated amount from the petitioner towards grant of electricity connection. Such deposit shall be made by the petitioner within a week from date.

Upon receipt of the said amount, the respondents shall take necessary steps towards grant of electricity connection in favour of the petitioner within a period of two weeks thereafter, subject to compliance of other formalities, if any, by the petitioner.

The petitioner shall communicate a copy of the order to the respondents within a week from date.

With the above observations and directions, the writ petition is disposed of.

However, there shall be no order as to costs. Urgent Photostat certified copy of this order, if applied for, shall be supplied to the parties as expeditiously as possible, upon compliance of all formalities.

( Tapabrata Chakraborty, J. )