Maryanus Tirkey v. The Superintending Engineer And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/549/2023 Maryanus Tirkey Vs.

The Superintending Engineer and others Mr. Pardesia Munda ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondent March 21, 2023 [SR] Item No.5 The petitioner applied for electricity connection in his premises, which is in an occupied revenue land on 13.01.2023.

It has been rejected by the Electricity Department on 14.01.2023 on the ground that the departmental technical committee has stopped to provide electric connection on the encroached land. Such reason is not acceptable as a ground for the rejection as because the status of the applicant in respect of the land cannot stand in the way in getting the electricity connection which is an essential service and which comes under the purview of right to life under Article 21 of the Constitution of India. Therefore, I quash and set aside the decision which is at page 29 of the writ application i.e. the rejection order dated 14.01.2023 and I direct the respondent no. 2 to supply electricity to the petitioner, subject to his payment of all fees etc., and further completion of all formalities for which the respondent no.2 would intimate him within a period of three

weeks from date and the petitioner will comply the same within a period of two weeks from the date of receipt of such communication.

Thereafter, on completion of such formalities, electricity connection is to be given by one week from the date of such completion.

However, the supply of electricity will not create any equitable right over the land by the petitioner. With the above observation and direction, this writ application, being WPA/549/2023, is disposed of. ( Abhijit Gangopadhyay, J. )