N.Hema Kumari v. The Superintending Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/410/2025 N. Hema Kumari 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.27 The petitioner is aggrieved by the inaction of the respondent in not granting him electricity connection for her residential accommodation situated at survey No. 417/P, area 200 Sq.mtrs. situated at Garacharma village, Sri Vijaya Puram Tehsil, South Andaman.

It is the case of the petitioner that she is an occupier of aforementioned government land and has constructed a residential accommodation on the said land. She states that she is residing there with her family. She had applied for electricity connection vide application dated 25.06.2025. However, no electricity connection has been granted to her. Learned Counsel for the respondent states that they are ready and willing to decide petitioner's application dated 25.06.2025 for the grant of electricity connection. Learned Counsel for the petitioner states that the petitioner 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 respondent to decide petitioner's

application dated 25.06.2025 for the grant of electricity connection within a period of four weeks after granting an opportunity of personal hearing to the petitioner or any other stake holder 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. 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 affidavit has been called for, the allegations contained in the writ petition are deemed not to be admitted. (Gaurang Kanth, J.)