S. Shiva Kumar v. The Superintending Engineer And 03 ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/304/2022 S. Shiva Kumar ... Petitioner Vs.

The Superintending Engineer and 03 Ors.

... Respondents Mr. Alisham Venkatesh ...for the petitioner Mr. Rakesh Kumar Ms. Preeja Menon ...for the respondents July 29, 2022 [MAM] Item No.6 The grievance of the petitioner is that the prayer for effecting supply of electricity to the property which is under the occupation of the petitioner being Survey No. 203/P, measuring an area of about 200 sq. mtrs. situated at Taylorabad, Near Kaju Bagicha, APJ Abdul Kalam Colony under Port Blair Tehsil in the District of South Andaman was rejected on the ground that electricity connection to encroachment has stopped and such connection can be provided only in the event of issuing direction by the Hon'ble Court in favour of the petitioner for providing electric connection.

Heard the learned Advocates for the parties. The issue as to whether a person in settled possession is entitled to get electricity was decided by three Hon'ble Judges of this Court in a batch of Writ Petitions being WP No.423 of (Abhimanyu Mazumdar -vs.- The

Superintending Engineer and another) and others wherein Their Lordships held that the word "lawful occupier" appearing in the Rules shall be construed as "the person in settled possession". It was held as follows:- "Since all the lands in these Islands belong to the Union of India, the latter is not required to file a civil suit for eviction of a trespasser and the trespassers can be evicted by taking recourse to the Regulation of 1966. However, so long such a trespasser in settled possession is not so evicted, he should be entitled to get electricity with the aid of Section 43 of the Electricity Act on compliance of the terms of supply as provided under law."

It is not in dispute that the writ petitioner is in settled possession of the property mentioned hereinbefore. The aforesaid decision in Abhimanyu Mazumdar(supra) is squarely applicable to the facts of this case.

This Court is, therefore, of the considered view that the petitioner is entitled to supply of electricity. In view thereof this Court directs the Assistant Engineer-IV, Electricity Department, Chouldari, under Ferargunj Tehsil, South Andaman District being the respondent No.3 to effect supply of electricity to the petitioner on compliance of the terms of supply as provided under the law as expeditiously as possible but preferably

within a period of three weeks from the date of communication of this order.

It is made clear that the enjoyment of electricity will not confer any right or equity in favour of the petitioner to defeat the title of the lawful owner.

With the above direction WPA No. 304 of 2022 stands disposed of without any order as to costs.

Urgent Photostat certified copy of this order be supplied to the parties after compliance of requisite formalities.

(Hiranmay Bhattacharyya, J.)