Smti. Santana Chakraborty v. The Superintending Engineer And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/183/2025 Smt Santana Chakraborty Vs.

The Superintending Engineer and others Mr. M. K. Thakur .

... for the petitioner Mr. S. C. Mishra ... for the respondents April 10, 2025 [SR] Item No.7 The present writ petition has been preferred alleging inaction on the part of the respondents to grant electricity connection.

Mr. M. K. Thakur, learned advocate appearing for the petitioner submits that the petitioner is in settled possession of the government revenue land bearing survey No. P/1 measuring 200 Sq.mtrs situated at Ward No.18, Garacharma Murda Khari Road, Garacharma Village under Sri Vijaya Puram Tehsil, South Andaman District (hereinafter referred to as the said land). She is residing in the said land upon construction of her dwelling house. Enclosing relevant documents including a declaration and undertaking, the petitioner submitted an online application on 5th October, 2024 praying for electricity connection. Surprisingly, no follow up steps were taken by the respondents thereafter. Aggrieved thereby, the petitioner has approached this Court.

Mr.

Mishra, learned advocate appearing for the respondents submits that to confirm as to whether the petitioner is in settled possession of a government revenue land, the Tehsildar had been approached by the respondents on 18th

November, 2024 but as no reply has yet been received from the Tehsildar, the respondents are not being able to take follow up steps.

I have heard the advocates appearing for the respective parties and considered the materials on record. 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.

In the present case, it appears that the application was submitted on 5th October, 2024. About a month thereafter, the electricity authorities sought for necessary information from the Tehsildar. No explanation is forthcoming as regards such delay in approaching the Tehsildar. Even no reminder was issued to the Tehsildar to provide the information as sought for. In the said conspectus, the petitioner cannot be asked to wait indefinitely for such electricity connection, moreso when no complaint has been lodged disputing the petitioner's possession over a government revenue land. On the purported plea of nonreceipt of information from the Tehsildar the grant of electricity connection to the petitioner cannot be deferred or denied. Needless to mention, the grant of such electricity connection will not create any right in favour of the petitioner and in the event after grant of electricity connection it is found that the petitioner had furnished any erroneous declaration or

had suppressed material facts, the respondents would be free to take appropriate steps towards disconnection, upon prior notice to the petitioner and in accordance with law. In view thereof, there can be no hindrance towards grant of such electricity connection in terms of the judgment of the Larger Bench in the case of Abhimanyu Mazumdar vs. The Superintending Engineer and others, reported in AIR 2011 Cal 64.

Accordingly, this Court directs the respondents to take necessary steps towards grant of electricity connection in favour of the petitioner within a period of four weeks from the date of communication of this order, subject to compliance of other necessary formalities, if any, by the petitioner. 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. )