Smt. I. Selvi v. The Executive Engineer (Sa) And ANR.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] ...

WPA/701/2023 With WPA/675/2023 Smt. I. Selvi Vs.

The Executive Engineer (SA) and another Mr. Ajay Majhi (On behalf of Mrs. Shipra Mandal) ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ...for the respondents April 28, 2023 (Bithika) Item Nos.16 & 17 The petitioner has filed the instant application for grant of electric connection in the land bearing survey No. 626, measuring an area of 150 sq. meters situated at Fisherman Colony, near Ganesh Temple, Prem Nagar village under Port Blair Tehsil, South Andaman District. The petitioner submits that initially, the petitioner has filed an application but the same was not considered and accordingly the petitioner has filed the Writ application being WPA No. 675 of 2023 ( Smt. I. Selvi Vs. the Executive Engineer (SA) and another). The said Writ petition was dismissed by this Court by an order dated 24.04.2023 on the ground that the application filed by the petitioner was premature. But while dismissing the said application, this Court has also directed if the petitioner files afresh application before the authority,

the respondents were directed to provide electric connection in the premises of the petitioner as per judgment passed by the Hon'ble Special Bench of this Court. In spite of the said direction, the petitioner has again filed the present Writ application on the ground that subsequent to the order passed by this Court, the authorities have rejected the application earlier on 07.04.2023 and prayed for setting aside the order of rejection.

Mr. Tulsi Lall, learned Counsel for the respondents submits this Court has already disposed of WPA No. 675/2023 on 24.04.2023 but the petitioner has again filed the Writ application with same prayer which is not maintainable and prayed for dismissal of the Writ application.

Considering the submissions made by the respective parties, this Court finds that there is already an order dated 24.04.2023 wherein this Court directed the respondent authorities that if any application is made by the petitioner, the respondents are directed to provide electric connection to the premises of the petitioner as per judgment passed by the Hon'ble Special Bench. As such, this Court is of the view that no further order can be passed in the present Writ application.

Accordingly, WPA No. 701 of 2023 is dismissed. ( Krishna Rao, J.)