R.Barathi Raja v. The Superintending Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/446/2023 R. Barathi Raja Vs.

The Superintending Engineer and another Mr. P. Kannan ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents March 14, 2023 [SR] Item No.10 The petitioner applied for connection of electricity in his residential house by making an application dated 09.01.2023, which has been rejected by the Electricity Department, Andaman and Nicobar Administration. I do not find any reason for rejection of his application except one remark which is not accepted as any reason by this Court. Hence, the order of rejection, which is at page 21 of the writ application, is set aside and quashed. The respondent no.2 will look after the matter and will intimate the petitioner the required documents, if any, and the requisite fees that is to be paid by the petitioner to the Electricity Department within a period of two weeks from the date of communication of this order.

The petitioner shall comply with the said order by two weeks thereafter. After compliance of the above formalities, the respondent no.2 is directed to give supply of electricity to the petitioner within a period of four weeks thereafter.

Enjoyment of electricity is a matter covered under Right to Life as has been enshrined under Article 21 of the Constitution of India and this cannot be denied even to an encroacher or to an illegal occupier.

This will not create any equity in favour of the petitioner in respect of the occupied land.

With the above observation and direction, this writ application, being WPA/446/2023, is disposed of. ( Abhijit Gangopadhyay, J. )