Deepa Chakraborty v. The Superintending Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] ...

WPA/474/2023 Deepa Chakraborty Vs.

The Superintending Engineer and another Mr. Prakash Minj ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents April 20, 2023 (Bithika) Item No.6 In compliance of the order dated 18th April, 2023, the Secretary Power, the Secretary Litigation, Electricity Department and the Superintendent Engineer, Electricity Department are present in Court in person.

It is submitted, on instructions by Mr. Tulsi Lall appearing on behalf of Electricity Department that the authority have taken a decision that they will issue appropriate circular each site office and Sub-Division so that, if any application for grant of electric connection is received by the concerned authority, the same will be disposed of within a period of 30 days as prescribed by law by taking into consideration of the order passed by the Special Bench in the case of Abhimanyu Mazumdar vs. Superintending Engineer reported at 2011(2) CHN (Cal) 768 .

The explanation given by the concerned Officers are satisfactory and their personal appearances are dispensed with.

Learned Counsel for the petitioner is present. The grievance of the petitioner is that, the petitioner has occupied a Government revenue land in Survey No. 173/P measuring an area of 200 sq. meters situated at Manpur village under Ferrargunj Tehsil, South Andaman District. The petitioner says that the petitioner has constructed a house and residing with her family members. The petitioner has applied for grant of electricity connection before the authorities but till date the authorities have not considered the same. Considering the submission made by the learned Counsels for the respective parties and in view of the judgment passed by the Special Bench of this Court in the case of Abhimanyu Mazumdar vs.

Superintending Engineer reported at 2011(2) CHN (Cal) 768, the Writ petition is disposed of by directing the Assistant Engineer, Electricity Department, Ferrargunj Tehsil, South Andaman to provide electric connection to the petitioner within (four) 4 weeks from the date of receipt of the order after compliance of all necessary formalities. It is made clear that providing electricity will not create any title over the property. The respondents have not filed affidavit-in-opposition, the allegation made therein are deemed to have been denied.

WPA No. 474 of 2023 is disposed of.

( Krishna Rao, J.)