K.Suresh Kumar v. The Superintending Engineer And ANR
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/406/2025 K. Suresh Kumar Vs The Superintending Engineer and Another Mr. M.K.Thakur ... for the petitioner Mr. S. C. Mishra ... for the respondents September 03, 2025 [AKB] Item No.23 Learned counsel for the respondent has submitted a copy of the report, let the same be taken on record. The petitioner is aggrieved by the inaction of the respondent in not granting the electricity connection for his residential accommodation situated at survey No. 2/2, area 100 Sq.mtrs. situated at Prothrapur village, Sri Vijay Puram Tehsil, South Andaman.
It is the case of the petitioner that he is occupier of the aforementioned government land and has constructed resident abode there. He has been staying there with his family. He had applied for electricity connection vide an online application No. 24105 dated 23.08.2024. However, no electricity connection was granted to him.
It is the submission of the petitioner that Government of India on 09.05.2003 had intimated the Chief Secretary, Andaman and Nicobar Administration that the Ministry has accorded sanction to provide electricity connection to the families residing on revenue land. In view of the same he prays for grant of electricity connection.
Learned counsel for the respondent states that the application submitted by the petitioner has been rejected due to the reasons that the applicant has uploaded incorrect affidavit for obtaining the electricity connection on government encroached land.
Learned counsel for the petitioner states that he shall rectify the said mistake and resubmit the application with correct details with in a period of 2 weeks.
Learned counsel for the respondents states that they shall consider the said application in accordance with law. In view of the submissions made by learned counsel for the parties, this Court directs the respondents to consider and decide the petitioner's application dated 23.08.2024 within a period of six weeks from the date of resubmission, after affording an opportunity of personal hearing to the petitioner and/or any other concerned stakeholder, by passing a reasoned and 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. Superintending Engineer, 2011 SCC OnLine Cal 362, and followed by Co-ordinate Benches of this Court in Sushil Lakra v. Superintending Engineer (WPA 215/2024, decided on 19.06.2024), M.S. Rajendran v. Superintending Engineer (WPA 357/2024, decided on 06.09.2024), and Krishnawathi v. Union of India (WPA 216/2025, decided on 11.07.2025), no objection certificate/clarification from the concerned revenue authority is
not required to establish settled possession of the petitioner over the land in question.
The respondent/Electricity Department shall accept government-issued documents such as ration card, electoral identity card, Aadhaar card, or any other similar document bearing the address of the premises as sufficient proof of occupancy for the limited purpose of establishing settled possession in connection with the grant of electricity connection. It is further clarified that such documents shall be considered only for the limited purpose of grant of electricity connection and shall not be construed as proof of ownership or title over the land in question.
With the above direction 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.)