Sanjita Sarkar v. The Superintending Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/729/2023 Smt. Sanjita Sarkar ... Petitioner Vs.

The Superintending Engineer and Anr.

... Respondents Mr. S.K. Golder ...for the Petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ...for the Respondents July 20, 2023 (M.A.Mobin) Item No.6 The Petitioner claims to be in settled possession of a Government Revenue land and has been residing thereat by constructing a house in Survey No. 1/P, measuring an area of 300 Sq. Mtrs. situated at Ward No.18, Attam Pahar, Port Blair Tehsil, South Andaman along with her family. In support of the aforesaid the petitioner has relied on an Aadhar Card issued by the Unique Identification Authority of India and photographs.

It is the petitioner's case that the petitioner had duly applied before the respondent no.2 for a new electricity connection online on 18th April, 2023. Unfortunately, the respondents have purported to reject the petitioner's application. The petitioner says the aforesaid rejection is bad. No reasons have been provided for such rejection. In

any event the petitioner's right to electricity cannot be denied.

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 in settled possession of the land-inquestion. 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 to 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 the certified copy of the order duly downloaded from official website without insisting for production of a certified copy of this order.

Since, I have not called for any affidavit, 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.)