Smt. N. Sarathi v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/652/2023 N Sarathi Vs.

The Andaman and Nicobar Administration and others Mr. Supreet Sharma ... for the petitioner Mr. Tulsi Lall ... for the respondents April 25, 2023 [SR] Item No.7 The petitioner has encroached upon government revenue land comprised in survey No.41/P situated at Modern Village, Kanyapuram, under Ferrargunj Tehsil, South Andaman District.

The petitioner is residing there with his family and has applied for a new electric connection at the aforesaid property.

The Assistant Engineer, Electricity Department, South Andaman District, respondent no.3 herein has rejected the said application of the petitioner on the ground that the departmental technical committee has stopped to provide electric connection on encroached land.

The ground of refusal is not sustainable inasmuch as the petitioner is in settled possession of the property in respect of which the new electric connection has been applied for, besides the said refusal is contrary to the sprit of the provisions of the Electricity Act, 2003.

The respondent no. 3 is therefore directed to provide a new electric connection to the petitioner in the aforesaid

premises subject to compliance of all formalities and upon of payment of fees, if there be any within a period of four weeks from the date of communication of this order WPA/652/2023 is disposed of with above terms without any order as to costs.

Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified copy of this order, if applied for, be supplied to the learned advocates for the respective parties upon compliance of usual formalities.

( Biswajit Basu, J.)