Sujit Manjhi v. The Superintending Engineer And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/391/2024 Shri Sujit Manjhi Vs.

The Superintending Engineer and another Mr. Rajesh Kumar ... for the petitioner Mr. S. C. Mishra ... for the respondents October 3, 2024 [AKB] Item No.6 The grievance of the petitioner is directed against the failure and refusal of the respondent authorities to install an electricity connection at the premises of the petitioner particulars whereof appear in the writ petition.

It is submitted by learned counsel appearing on behalf of the respondents that in terms of D.O No. U13034/9/2003-ANI dated 7th May, 2003 this petitioner is not entitled to get electricity connection. Copy of the Ministries' letter is provided by learned counsel. I have gone through the said letter, I find nothing in the said letter which prohibits the respondents for providing electricity connection to this petitioner.

It is now settled position of law that an occupant of a property is entitled to electricity connection irrespective of his status in law insofar as his occupation is concerned. One may refer to the Full Bench Decision in case of Abhimanyu Mazumdar vs. the Superintending Engineer reported in AIR 2011 Cal. 64.

In view of the above, WPA/391/2024 stands disposed of by directing the respondents to process the petitioner's application for electricity connection and provide such connection expeditiously in accordance with law. The writ petitioner is directed to comply with the necessary formalities and make all statutory payments in terms of the Regulations.

It is made clear that nothing in this order shall create any right or equity in favour of the petitioner insofar as occupation of the subject premises is concerned.

The above exercise is to be completed at the earliest and preferably within a period eight week from the date of the communication of this order.

In view of the above, WPA/391/2024 stand disposed of.

(Prasenjit Biswas, J.)