Smt. Padhamawathi v. The Superintending Engineer And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/720/2023 Smt Pandhamawathi Vs The Superintending Engineer and others Mr. Vivek Xalxo ... for the petitioner Mr. Tulsi Lall .... for the respondents June 28, 2023 [SR] Item No.27 The writ petition is taken up for consideration in presence of the learned Advocates representing the petitioner and the respondents.

The learned Advocate for the petitioner states that the petitioner made an application on 14th April, 2023 to the concerned authority of the department of Electricity for providing electricity connection on installation of separate meter. It has further been submitted that in spite of such application till date the concerned respondent authority has failed to act on such application upon providing electricity to the petitioner's premises.

The respondent authority is represented by the learned Advocate who submits that though there is a requirement for making application for supply of electricity online but considering the facts of this case such requirement can be waived and necessary direction can be given upon the respondent authority for taking steps in accordance with law. Accordingly, this Court directs the concerned Assistant Engineer to supply electricity to the premises of the petitioner upon installing separate meter on considering the application of the petitioner upon payment of necessary charges within a period of four weeks from the date of communication of this order. While taking steps in terms of this order the concerned Assistant Engineer shall not take into consideration the decision of rejection issued against the petitioner which has been annexed at page 20 to this writ petition.

Needless to mention here that the petitioner is entitled to the enjoyment of the electricity so long the petitioner is not dispossessed by the true owner i.e. the Appropriate Government by due process of law, and the petitioner cannot claim any right either in equity or under law for conferment of title over the land, the petitioner is in settled possession of, on the ground that electricity supply has been given to the premises of the petitioner.

These conditions shall also bind the

transferee/assignee and/or successor(s) in interest of the petitioner.

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

Accordingly, the writ petition, being WPA/720/2023 is disposed of.

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.

( Rajarshi Bharadwaj, J.)