M.Bharathi v. The Superintending Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/759/2023 M Bharathi Vs.

The Superintending Engineer and another Mr. M.K.Thakur ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents July 21, 2023 (AKB) Item No.23 Mr. Thakur, learned advocate appearing for the petitioners submits that the petitioner is occupying a government revenue land bearing survey no. 1/P, measuring about 200 sq.mtrs at Garacharma village, Port Blair Tehsil, South Andaman District. He has constructed a residential house upon the said plot of land and is residing there alongwith his family members but without electricity.

On 18th April, 2023 the petitioner submitted an online application to the respondent no. 2 with a prayer to grant electricity connection. The said application has not been considered and aggrieved thereby the petitioner has approached this Court.

Mr.Lall, learned advocate appearing on behalf of the electricity authorities denies and disputes the contention of the petitioner.

It is well settled that the electricity authorities have a statutory duty to supply electricity to an individual, who is in occupation and settled possession of the premises. Furthermore, it has been held by the Hon'ble Special Bench of this Court in the case of Abhimanyu Mazumdar and others vs The Superintending Engineer and others reported in 2011 (2) CHN 768 that even a trespasser in settled possession is entitled to get electricity connection.

Applying such proposition of law to the facts of this case, the writ petition is disposed of directing the respondent no. 2 to consider the petitioner's online application dated 18th April, 2023 and to take appropriate steps towards grant of electricity connection in favour of the petitioner, subject to compliance of the 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.)