Shri T.Munavvar Hussain v. The Assistant Engineer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/508/2023 Shri T.Munavvar Hussain Vs.

The Assistant Engineer Mr. Rajesh Kumar ... for the petitioner [on behalf of Mr. K. Sabir] Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondent March 20, 2023 [SR] Item No.2 The petitioner, who is an encroacher of a land, residing for long time there, has applied for electricity connection on 09.02.2023, as appears from the page 16 of the writ application. Such application was rejected by the Electricity Department, as appears from the page 19 to the writ petition. I do not find any reason for rejection of his application where remarks have been made that Court's order is required for giving the electric connection. This cannot be any reason for rejecting the application for electricity connection. Such rejection is set aside and quashed.

I direct the respondent to look after the matter and to intimate the petitioner 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 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/508/2023, is disposed of. ( Abhijit Gangopadhyay, J. )