Dr.S.K.Sheik Mohd. Ibrahim v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/441/2025 Dr. S. K. Sheik Mohammed Ibrahim Vs The Andaman and Nicobar Administration and Others Mr. Arul Prasanth ... for the petitioner Mr. S.C. Mishra ... for the respondent No. 2 Mr. Ajay Kumar Mondal ... for the respondent No.3 September 04, 2025 [AKB] Item No.5 The petitioner has preferred the present writ petition seeking a direction against the respondent authority for restoration of the electricity connection bearing Consumer No.F1/2024 in respect of his tenanted premises situated at Lamba Line village, Dairy Farm Junction, Port Blair, South Andaman.

The case of the petitioner that he is a Doctor by profession and is running a clinic at the aforesaid tenanted premises, which belongs to the private respondent (landlord). A landlord-tenant dispute is presently pending between the parties before the Court of learned Joint Civil Judge (Senior Division), Port Blair. Vide order dated 09.07.2025, the learned Civil Court permitted the petitioner to deposit rent before the Court and further directed the private respondent to issue a No Objection Certificate to the petitioner for obtaining registration under the Clinical Establishment Regulation Act, 2010 within 15 days. The Court also clarified that in case the private respondent fail to issue a NOC within the stipulated period, the

petitioner would be at liberty to produce the said order before the competent authority for registration under this Act. In the meantime, however, the private respondent moved an application for disconnection of electricity connection to the said premises. Consequently, on 28.08.2025, the respondent authorities disconnected the electricity. Aggrieved thereby, the petitioner has preferred the present writ petitioner. Learned Counsel for the private respondent submits that the petitioner is no longer in possession of the property. The said fact is disputed by the petitioner who states that the civil dispute between the parties are pending before the Civil Court. Learned Counsel for the respondent submits that the disconnection has been effected at the request of the consumer, i.e. the private respondent.

He states that in case a request is made by the consumer they are under bonafide duty to disconnect the electricity in terms of JERC Regulation, 2018 in terms of clauses 9.8, 9.9 and 9.10. Though the respondent Administration states that if the petitioner applies for the electricity connection the application shall be considered in accordance with the rules.

At this stage, learned Counsel for the private respondent undertakes that she shall file an application before Respondent No. 2 within three days for restoration of the electricity connection and further undertakes that the private respondent shall not resort to such methods to evict the petitioner from the said premises. Since the landlord-tenant dispute is already pending adjudication before the Civil Court, the private

respondent, being the landlord, shall not attempt to disconnect the electricity supply of the petitioner except in accordance with due process of law. Respondent No. 2 is accordingly directed to re-energize the electricity connection of the petitioner within one day from the date of submission of the restoration application by the private respondent.

Instruction filed by the respondent No. 2 is taken on record.

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.)