Helena Topno v. The Assistant Engineer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/379/2025 Helena Topno Vs The Assistant Engineer Ms. C. Kala Devi ... for the petitioner Mr. S. C. Mishra ... for the respondent September 02, 2025 [AKB] Item No.5 The petitioner has preferred the present writ petition seeking a direction to the respondent authorities to provide an electricity connection to the petitioner's residential dwelling situated on Survey No. 249/P, admeasuring 150 sq. mtrs., located at Kaju Basti, Dairy Farm Village, Sri Vijaya Puram Tehsil, South Andaman District.

It is the case of the petitioner that she is in occupation of a portion of Government revenue land at the aforesaid site, where she has constructed a residential dwelling unit. The petitioner submits that she applied for an electricity connection through the online portal on 06.03.2025; however, despite the lapse of considerable time, no action has been taken by the respondent authorities on her application. Aggrieved by the inaction on the part of the respondent administration, the petitioner has approached this Court by way of the present writ petition.

Learned counsel for the respondent states that he is ready and willing to decide the petitioner's application dated 06.03.2025.

Learned counsel for the petitioner states that she shall be satisfied if the same is decided within a time bound manner. In view of the statement made by the counsel for the parties this court directs the respondent to decide petitioner's application dated 06.03.2025 within a period of four weeks after affording an opportunity of personal hearing to the petitioner or any other stakeholder by way of a speaking order. It is clarified that, in view of the law laid down by the Hon'ble Full Bench of this Court in Abhimanyu Mazumdar v. Supdt. Engineer, 2011 SCC OnLine Cal 362, which was followed by co-ordinate Benches of this Court in Sushil Lakra v. Supdt. Engineer (WPA 215/2024, decided on 19.06.2024), M.S. Rajendran v. Supdt. Engineer (WPA 357/2024, decided on 06.09.2024), and Krishnawathi v. Union of India (WPA 216/2025, decided on 11.07.

2025), a No Objection Certificate/clarification from the concerned Revenue Department is not required to establish the settled possession of the petitioner over the land in question. The Respondent Electricity Department may accept documents such as a ration card, electoral identity card, Aadhaar card, or any other similar Government issued document, bearing the same address, as proof of occupancy of the premises for the limited purpose of establishing settled possession for the grant of electricity connection. It is further clarified that such documents shall be considered only for the purpose of granting an electricity connection, and not as proof of title or for any other purpose.

With the above order, the present writ petition is disposed of.

Since no affidavits have been called for, the allegations contained in the writ petition are deemed to be not admitted. (Gaurang Kanth, J.)