Manojit Adak v. The Superintending Engineer And ANR.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [CIRCUIT BENCH AT PORT BLAIR] ...

WPA/511/2022 Manojit Adak ... Petitioner Vs.

The Superintending Engineer and another ...Respondents Mr. A.K. Chakraborty Mr. Amit Malhotra ... for the petitioner Mr. Rakesh Kumar Ms. Preeja Menon ... for the respondents September 29, 2022 [SR] Item No. 20 The petitioner had encroached upon a government revenue land and claims to be in settled possession thereof. In support of such possession the petitioner has relied upon photograph, certain documents and aadhar card. The petitioner had applied for an electricity connection but the same has not yet been granted. This has prompted the petitioner to approach this Court by filing the instant writ petition.

The respondents have not been able to produce any document to dispute that the petitioner is not in settled possession at this stage.

In view of the ratio laid down in the judgment reported in 2011(2) CHN (Cal) 768 (Abhimanyu Majumdar vs. The Superintending Engineer and others), the concerned respondent authority is directed to grant electricity connection to the petitioner within a fortnight from the date of communication of this order if the writ petitioner is found to be in settled possession of the land in question and shall be entitled to the enjoyment of electricity so long as the writ petitioner is not dispossessed by due process subject to payment of all requisite charges and fulfillment of other criteria to get such electric connection.

It is made clear that the grant of electricity connection on the petitioner's encroached land will not create any equity in favour of the petitioner or be used by the petitioner as a document to establish possessory right over the subject plot to resist the rightful owner.

The parties shall act on the basis of a server copy of this order downloaded from the official website without insisting upon production of a certified copy thereof. Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

The writ petition is accordingly disposed of. (Arindam Mukherjee, J.)