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Calcutta High CourtWPA/196/2025disposed

Shri.Purna Chandra Mondal v. The Superintending Engineer And ORS

2026-02-19Hon'Ble Justice Debangsu Basak3 pages

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] *** PRESENT: THE HON'BLE JUSTICE DEBANGSU BASAK WPA/196/2025 SHRI PURNA CHANDRA MONDAL ... PETITIONER VS.

THE SUPERINTENDING ENGINEER AND OTHERS ...

RESPONDENTS For the petitioner :

Mr. Arul Prasanth For the respondent No.5 :

Ms. Anjili Nag, Sr.Adv Ms. Sohini Biswas Heard on :

February 19, 2026 Delivered on :

February 19, 2026 DEBANGSU BASAK, J.

1.

The writ petitioner seeks a direction upon the electricity authority to remove the electric meter installed in the name of the private respondent in the cow shed standing at the land bearing survey no.289 situated at Ram Nagar, Village, Shaheed Dweep. 2.

Learned advocate appearing for the petitioner submits that, subsequent to filing of the writ petition, a suit bearing Title Suit No.85 of 2021 re-numbered as T.S. No.44 of 2023 was decreed by

the learned court of the Joint Civil Judge, Senior Division, South Andaman District at Port Blair on November 06, 2025. 3.

Learned advocate for the petitioner submits that, the private respondent was never in possession of any part or portion of the plot concerned. He refers to the show cause notice which the petitioner suffered on January 19, 2018. He submits that, electricity supply was obtained surreptitiously by the private respondent after obtaining an order from the Lok Adalat.

4.

Learned senior advocate appearing for the private respondent submits that, the private respondent is in possession of the property where, the electric supply was effected. She submits that, the private respondent is entitled to electric supply.

5.

Learned senior advocate appearing for the private respondent submits that the electric meter was not installed at the cow shed as wrongly claimed by the writ petitioner.

6.

There are disputes between the private parties which are civil in nature. Dispute relates to an immovable property. 7.

The writ petitioner filed a suit for declaration and injunction being Title Suit No.85 of 2021 re-numbered as T.S. No.44 of 2023 which was decreed on November 06, 2025. The private respondent is not a defendant in such Title Suit.

8.

The issue of title with regard to cow shed on which the electric meter was claimed to be installed, still remain at large. Although the petitioner claims that the private respondent does not possess any

right, title and interest in respect of the property where electric meter was installed for the respondent, the contention of the respondent, is otherwise.

9.

In any event, a person in settled possession of land may be granted electric supply.

10.

I am not minded to grant a mandatory order on the authority directing removal of the meter standing in the name of the private respondent from the place where it is installed. However, I make it clear that I did not pronounce on the right, title and interest of the respective private parties in respect of the place where the meter is installed.

11.

The private parties are at liberty to avail of their respective rights before an appropriate forum. I also clarify that the installation of the electric meter for the private respondent will not create any additional right, title and interest in respect of the private respondent other than those which the private respondent already enjoys prior to the installation of the electric meter. 12.

WPA/196/2025 is disposed of, without any order as to costs. ( Debangsu Basak, J. )