K. Sachawati v. The Assistant Engineer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/268/2021 K. Sachawati ... Petitioner Vs.

The Assistant Engineer ... Respondents Mr. K. Sabir ... for the petitioner Mr.Salim Mohammed Ms.Yasmeen Begum ... for the Administration Mr.Gopala Binnu Kumar ... for the private respondent April 20, 2022 [GNC] Item No.6 The learned Advocate for the petitioner submits that although the petitioner is an encroacher of a plot measuring 50 square meters under survey No.238 situated at Dollygunj village, Port Blair Tehsil, South Andaman district, the electricity authorities failed and neglected to supply the electricity connection to the petitioner. The authorities of the electricity department made an inspection of the premises in question and thereafter informed the petitioner that another claimant namely, the respondent No. 3, in respect of the said plot had raised and objection and until and unless the Tehsildar, Port Blair clarified the position as to whether there were any disputes with regard to the land or whether there was any impediment in granting the connection, the authority could not proceed with the electricity connection.

Mr.Kumar, the learned Advocate enters appearance on behalf of the respondent No. 3 who was added by an order of this Court and submits that the added respondent No.3 Sudeep Rai Sharma is in actual possession of the land in question.

Mr.Mohammed, learned Advocate appearing on behalf of the Administration submits that there are various claims with regard to the property in question and as such the Tehsildar has not been able to clarify the position to the electricity department pursuant to the letter dated June 25, 2021, received from the Assistant Engineer-II (HQ), Electricity Department. Although electricity can be given to a person who is in occupation of the premises who may not have a clear title over such premises, yet the possession has to be ascertained. There is a dispute with regard to who is in occupation of the premises. Under such circumstances, the writ petition is disposed of with a direction upon the Tehsildar, Port Blair to make an inquiry with notice to the petitioner as also the added respondent No.3, Sudeep Rai Sharma and any other interested party in order to ascertain whether the petitioner or anyone else is in occupation of the premises in question. After such inquiry, a report shall be prepared and supplied to the parties as also to the electricity department.

If it is found that the petitioner is in occupation/ possession, in that event, the petitioner's application for electricity connection shall be processed in accordance with law. However, such connection shall not create any equity in favour of the petitioner nor create any right, title or right in favour of the petitioner.

The only fact to be ascertained is whether the petitioner is in occupation or not.

As no affidavits are called for, the allegations are deemed to be denied.

With the above directions, the writ petition stands disposed of.

Parties are directed to act on the server copy of this order. (Shampa Sarkar, J.)