Shri. M. Arun v. The Superintending Engineer And ANR.
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] ...
WPA/718/2023 Shri. M Arun Vs.
The Superintending Engineer and another Ms. S.Gloria Mary ... for the petitioner Mr. Tulsi Lall ... for the respondents July 19, 2023 (AKB) Item No.17 Mrs. S.Gloria Mary, learned advocate appearing for the petitioner submits that the petitioner is occupying a government revenue land bearing survey no. 369, measuring about 100 sq.mtrs. situated at Austinabad village, Port Blair Tehsil. He has constructed a residential building upon the said land and is residing there with his family.
He submitted several representations to the electricity authorities to provide him new electricity connection and the last online application was submitted on 25th March, 2023. Surprisingly thereafter the petitioner has been communicated a status report dated 17th April, 2023 rejecting his prayer without disclosing any reason save and except a remark to the effect that 'submit Court order'. She submits that as an occupier the petitioner is entitled to electricity connection and in support of such contention reliance has been placed upon a judgment delivered in the case of Abhimanyu Mazumdar and others vs The Superintending Engineer and others reported in 2011 (2) CHN 768.
Mr. Lall, learned advocate appears on behalf of the electricity authorities and disputes the contention of the petitioner.
The status report dated 17th April, 2023 is a cryptic one. No reason has been disclosed as to why the petitioner's application has been rejected. In view thereof, the same is set aside. It is well settled that the electricity authorities have a statutory duty to supply electricity to an individual, who is in occupation of the premises Furthermore, it has been held by the Hon'ble Special Bench of this Court in the case of Abhimanyu Mazumdar -vs- Superintending Engineer, reported in 2011(2) CHN 768 that even a trespasser in settled possession is entitled to get electricity connection.
The writ petition is, accordingly, disposed of directing the respondent no. 2 to consider the petitioner's online application dated 25th March, 2023 afresh and to take appropriate steps towards grant of electricity connection in favour of the petitioner subject to compliance of all necessary formalities if any by the petitioner.
The above exercise shall be completed within a period of four weeks from the date of communication of this order. The writ petition is, accordingly, disposed of. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.
(Tapabrata Chakraborty, J.)