Shri. Pankaj Mandal v. The Superintending Engineer And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/719/2023 Shri Pankaj Mondal ... Petitioner Vs.

The Superintending Engineer and Anr.

... Respondents Ms. G. Mini ...for the Petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ...for the Respondents July 21, 2023 (M.A.Mobin) Item No.9 The petitioner claims to be in settled possession of Government Revenue land and has been residing thereat by constructing a residential house, along with his family. Ms. G. Mini, appears for the petitioner. In support of her aforesaid contention, she places reliance on a photograph and certain documents. She submits that the petitioner had applied for a new electricity connection on 5th April, 2023. Unfortunately, the authorities have not taken any steps.

It is submitted that the petitioner has a right to obtain electricity. Since, no electricity connection has been given to the petitioner, the present writ petition has been filed.

Mr.

Rakesh Kumar, learned Advocate, enters appearance on behalf of the respondents. He, however, has not been able to produce any document to dispute that the petitioner is not in settled possession at this stage.

In view of the ratio laid down in the judgement reported in 2011(2) CHN (Cal) Abhimanyu Mazumdar

Versus

Superintending Engineer, the concerned respondent authority is directed to grant electricity connection to the petitioner within a fortnight from the date of communication of this order, if the writ petitioner is found to be in settled possession of the landin-question. The petitioner shall be entitled to enjoyment of electricity so long the writ petitioner is not dispossessed by due process, subject to payment of requisite charges and fulfillment of other criteria to get such electricity connection.

It is made clear that grant of electricity connection on the petitioner's encroached land will not create any equity in favour of the petitioner or be used by the petitioner as a document to establish possessory right over the subject plot to resist the rightful owner.

The parties shall act on the basis of a server copy of this order, duly downloaded from official website without insisting for production of a certified copy thereof. Since, I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

There shall be no order as to costs.

The writ petition is thus disposed of.

(Raja Basu Chowdhury, J.)