Swapan Kabiraj v. The Superintending Engineer And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/320/2026 Swapan Kabiraj Vs The Superintending Engineer and Another Mr. U. Partha Sarathi ... for the petitioner (On behalf of Ms. Rebecca) Mr. S. C. Mishra ... for the respondents July 02, 2026 [AKB] Item No.11 This writ petition lays challenge to an order dated May 5, 2026 passed by the respondent no. 2 thereby rejecting the petitioner's application for electricity connection to the petitioner's residential premises.

Mr. U. Partha Sarathi, Learned Advocate appearing for the petitioner submits that the respondent no. 2 has gone remiss in rejecting the petitioner's application on the ground that the petitioner could not prove ownership of the land whereat the petitioner's residential premises is situated inasmuch as, the petitioner would be entitled to electricity if the petitioner can demonstrate that the petitioner is in settled possession of the relevant premises.

Mr.

Mishra, Learned Advocate appearing for the respondent electricity authorities fairly submits that while the position of law is clear that a person in settled possession should be granted electricity supply however, in the present case the petitioner would also be required to demonstrate that

the petitioner is in settled possession of the relevant premises by producing supporting documents.

Having heard the Learned Advocates appearing for the respective parties and having considered the materials on record, this Court is of the considered view that the order impugned dated May 5, 2026 deserves interference. The respondent electricity authorities has rejected the petitioner's application on the ground that the petitioner could not prove ownership of land whereat the petitioner's premises is situate.

Section 43 of the Electricity Act, 2003 requires the electricity authorities to supply electricity to the premises of a person who is in occupation thereof. Ownership of the relevant premises is not the criterion for supply of electricity. In such view of the matter, the order dated May 5, 2026 is set side.

The respondent electricity authorities shall consider the petitioner's application for grant of electricity afresh. The petitioner shall be entitled to produce all documents in support of the petitioner's occupation of the residential premises in accordance with law. In case, the electricity authorities are satisfied that the petitioner is in settled possession and that the petitioner is eligible to get electricity connection, the electricity authorities would take appropriate steps to grant electricity connection to the petitioner subject to compliance of all formalities and payment of all charges in accordance with law.

WPA/320/2026 stands disposed of. There shall be no order as to costs.

Since no direction for exchange of affidavit has been passed therefore all the allegations made in this writ petition shall be deemed not to have been admitted by the respondents. (Om Narayan Rai, J.)