K. Baleswari v. The Superintending Engineer And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/328/2022 K. Baleswari ... Petitioner Vs.
The Superintending Engineer & Others ... Respondents Mr. Alisham Venkatesh ...for the petitioner Mr. Tulsi Lall Ms. Preeja Menon ...for the respondents August 24, 2022 [MAM] Item No.7 The matter is listed under the heading 'Motion'. Ms. Preeja Menon, learned Advocate, is appearing on behalf of the respondents. On the consent of both the parties the matter is taken up for final hearing.
Learned Advocate for the petitioner contended since long the petitioner occupied a piece of Government revenue land bearing Survey No.203 having an area of about 200 square meters situated at Taylorabad, Near Kaju Bagicha, APJ Abdul Kalam Colony, Port Bliar Tehsil and constructed a residential house and residing along with their family members. It is submitted on behalf of the petitioner that the petitioner and his family members are made to struggle hard to study due to absence of the electricity in the house. The petitioner made several requests to provide electricity with respondent Nos.3 & 4 and lastly submitted application
on 16.7.2022 along with necessary affidavit undertaking and declaration requesting to provide domestic electric connection to the house of the petitioner but the respondent authorities ultimately rejected her application dated 15.07.2022 stating that Writ Petitioner has no legal right to claim electric connection and respondent asked the writ petitioner to go to Court to get electric connection to her house. The Writ petitioner being aggrieved and dissatisfied with the inaction and non-action on the part of the respondents and colourable exercise of the official power of the authorities has preferred this application for issuance of necessary direction by way of a Writ in the nature of mandamus to provide domestic electric connection forthwith to the aforesaid house of the petitioner.
Ms. Preeja Menon, learned Advocate, on behalf of the respondents submits that the respondents are ready and willing to provide electricity at the premises of the petitioner subject to fulfillment of conditions for installation of electricity and on payment of legitimate costs and charges for installation of electric connection by the petitioner. Having considered the aforesaid facts and circumstances of the case and also relying upon the ratio laid down by the Three Judges Bench in Abhimanyu Mazumdar vs. Superintending Engineer reported in 2011(2) CHN (CAL) 768, the respondent authorities are hereby
directed to install electricity in the aforesaid premises of the petitioner within a period of three weeks from the date of communication of the order on fulfillment of requisite conditions and on payment of legitimate costs and charges for installation of electricity by the petitioner. However, it is made clear that the order of installation of electricity in the said premises will no way give any right to the petitioner to claim any equity in future nor such order will confer any right, title or interest in favour of the petitioner in respect of the property in question.
WPA 328/2022 is accordingly disposed of. Urgent Photostat copy of this order be supplied to the parties after compliance of all required formalities.
(Ajoy Kumar Mukherjee, J.)