Anusuya Bhaskaran v. The Superintending Engineer And ANR
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/407/2025 Anusuya Bhaskaran 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.24 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 respondents in not granting an electricity connection for her residential accommodation situated at Survey No. 45/P, admeasuring 200 sq. mtrs., at Calicut Village, Sri Vijay Puram Tehsil, South Andaman.
It is the case of the petitioner that she is in occupation of the aforesaid government land and has constructed a residential abode thereon, where she has been residing with her family. The petitioner had applied for an electricity connection vide online Application No. 22561 dated 31.05.2024. However, no electricity connection has been granted to her till date. Learned Counsel for the petitioner submits that the Government of India, by communication dated 09.05.2003, had intimated the Chief Secretary, Andaman & Nicobar Administration, that sanction had been accorded to provide electricity connections to families residing on revenue land. In
view thereof, the petitioner prays for a direction upon the respondents to grant her electricity connection. Learned Counsel for the respondents submits that the application of the petitioner was rejected on the ground that she had failed to upload her electoral identity card or ration card, which are mandatory for considering applications for electricity connection in respect of government revenue/encroached land. Learned Counsel for the petitioner submits that the said defect shall be rectified and a fresh application will be resubmitted with the requisite documents with in a period of 2 weeks. Learned Counsel for the respondents further states that upon such resubmission, the application of the petitioner shall be considered strictly in accordance with law.
In view thereof, the present writ petition is disposed of with a direction to the respondents to process and decide the petitioner's application for the grant of electricity connection 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 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.)