Niranjan Biswas v. The Executive Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/498/2023 Shri Niranjan Biswas ... Petitioner Vs.

The Executive Engineer and another ... Respondents Mrs. C. Kala Devi ...for the Petitioner Mr. Tulsi Lall ... for the Respondents April 18, 2023 [Bithika] Item No.10 The grievance of the petitioner is that, the petitioner is in occupation of the Government revenue land bearing survey No. 10/P measuring an area of 0.16 hectors situated at Guptapara village under Ferrargunj Tehsil, South Andaman District. The petitioner says that the petitioner has constructed his residential house and residing in the same premises along with the family members. The petitioner says that the petitioner has applied for grant of domestic water connection in his premises but the respondents have not considered the same till date. By an order dated 17.03.2023, the respondents were directed to ascertain whether any other source of water or not near the residence of the petitioner is available.

Learned Counsel for the respondents submits that, the respondents ascertained that the water source is

available and this Writ petition can be disposed of by passing an appropriate order.

In view of the submission made by the learned Counsel of the respective parties, the respondent No.1 Executive Engineer, APWD, PHED Prothrapur, Port Blair is directed to provide domestic water tap connection in the premises of the petitioner within six weeks from the date of receipt of the copy of the order after compliance of all formalities. As the respondents have not used the affidavitin-opposition, the allegation made therein deemed to have been denied and disputed. It is made clear that providing water tap connection in the premises of the petitioner will not create any equity over the said premises. WPA No. 498 of 2023 is disposed of.

(Krishna Rao, J.)