Smti. Pushpa Mondal v. The Superintending Engineer And Anrs
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] *** WPA/524/2024 Smt. Pushpa Mondal Vs The Superintending Engineer and another Ms. G.Mini ... for the petitioner Mr. S.C.Mishra ... for the respondents January 17, 2025 [AKB] Item Nos.1 The writ petitioner has approached this court as her prayer for supply of electricity has been rejected by the respondent No.2 i.e. Assistant Engineer, Sub Division II, Electricity Department, Port Blair, District South Andaman. Through the present writ petition the petitioner has prayed for issuance of writ in the nature of mandamus commanding the respondent authority to provide electricity connection in favour of the petitioner.
The learned counsel representing the writ petitioner submits that the application seeking electricity connection has been rejected by the respondents on the ground of non-submission of either Ration Card or Electoral Identity Card. The learned counsel representing the petitioner at the very beginning commences her submission by submitting that that there has been a mistake on the part of the writ petitioner by stating that the petitioner has submitted her Ration Card along with the application. The learned counsel candidly submits that it has been a mistake on the part of the writ petitioner to submit such things on affidavit which is not correct fact. The learned counsel further submits that she is very much apologetic for the same and prays for granting liberty to the petitioner to place her application afresh.
Affidavit-in-opposition has been filed on behalf of the respondents. The learned counsel representing the respondents prays for rejection of the said application with cost. On consideration of the submission of the learned counsels representing the petitioner and the respondents i.e.
support of her contention along with the application seeking electrical connection.
From the photo copy of the Ration Card bearing the Ration Card No. 353000198345 in the name of Pushpa Mondal who is the writ petitioner, it transpires that the said ration card has been issued on 25.07.2024 i.e. much later than the date of application i.e. 06.06.2024. Thus there is cogent reason in the submission of the learned counsel representing the respondents. On perusal of the affidavit-in-opposition it also transpires that the electrical authority i.e. respondents have submitted that the writ petitioner is to apply afresh along with the requisite documents before the respondent no. 2 for obtaining the electrical connection by complying the provisions of Joint Electricity Regulatory Commission (for the State of Goa and Union Territories) Electricity Supply Code Regulations, 2018. Thus from the affidavit-in-opposition itself it transpires that the electricity authority i.e. respondents are agreeable to reassess the prayer of electricity connection if the writ petitioner applies afresh.
Considering the aforesaid facts and circumstances this Court is of the view that cost of Rs. 1/- (One Rupee only) being imposed for such act of the petitioner is to be paid in favour of State Legal Services Authority and to provide natural justice the petitioner shall be at liberty to file an application for electricity connection afresh before the authority concerned. The writ petition is disposed of.
(Supratim Bhattacharya, J.)