Shri.Mukesh Kumar v. The Superintending Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/192/2025 Shri Mukesh Kumar Vs.

The Superintending Engineer and Another Mr. R. Arul Peter ... for the petitioner Mr. S. C. Mishra ... for the respondents September 08, 2025 [AKB] Item No.8 The petitioner is aggrieved by the inaction of the respondents in not granting him electricity connection on his residential accommodation situated at Survey No. 167/P, area 400 Sq.mtrs. situated at Caddle Gunj village, Ferrargunj Tehsil, South Andaman District.

It is the case of the petitioner that he is the occupier of the aforementioned government land and has been constructed a residential accommodation thereon. He states that he has been staying on the above said land with his family. He applied for electricity connection vide application dated 10.01.2024. However, no electricity connection has been granted to him. Learned Counsel for the respondents states that he is ready and willing to decide petitioner's application dated 10.01.2024.

In view of the statement made by the Counsel for the parties, this Court directs the respondents to decide petitioner's application dated 10.01.2024 within a period of four weeks after

affording an opportunity of personal hearing to the petitioner or any other stakeholder by way of a speaking order. It is clarified that in view of the law laid down by the Hon'ble Full Bench of this Court in Abhimanyu Mazumdar v. Superintending Engineer, 2011 SCC OnLine Cal 362, and followed by Co-ordinate Benches of this Court in Sushil Lakra v. Superintending Engineer (WPA 215/2024, decided on 19.06.2024), M.S. Rajendran v. Superintending Engineer (WPA 357/2024, decided on 06.09.2024), and Krishnawathi v. Union of India (WPA 216/2025, decided on 11.07.2025), no objection certificate/clarification from the concerned revenue authority is not required to establish settled possession of the petitioner over the land in question.

The respondent/Electricity Department shall accept government-issued documents such as ration card, electoral identity card, Aadhaar card, or any other similar document bearing the address of the premises as sufficient proof of occupancy for the limited purpose of establishing settled possession in connection with the grant of electricity connection.

It is further clarified that such documents shall be considered only for the limited purpose of grant of electricity connection and shall not be construed as proof of ownership or title over the land in question.

With the above directions, the present writ petition is disposed of.

(Gaurang Kanth, J.)