Shyamal Ratna v. The Superintending Engineer And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/781/2023 Shri Shyamal Ratna ... Petitioner Vs.

The Superintending Engineer and Ors.

... Respondents Mr. Mohd. Siddique ...for the Petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ...for the Respondents July 21, 2023 (M.A.Mobin) Item No.13 The petitioner has encroached upon a Government Revenue land and claims to be in settled possession thereof. In support of such possession the petitioner has relied on certain documents. The petitioner had applied for electricity connection, unfortunately the same has been rejected.

Mr. Mohd. Siddique, learned Advocate representing the petitioner submits that the aforesaid rejection cannot be sustained. No reasons have been provided for the same. In any event the petitioner's right to electricity cannot be denied.

Mr. Rakesh Kumar enters appearance on behalf of the respondents. He, however, could not 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.)