Birsi Soreng v. The Superintending Engineer And ORS

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [CIRCUIT BENCH AT PORT BLAIR] ...

WPA/775/2022 Birsi Soreng ... Petitioner Vs.

The Superintending Engineer and others ... Respondents Mr. Alisham Venkatesh ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents November 24, 2022 [SR] Item No. 37 Party/parties is/are represented in the order of their name/names as printed above in the cause title. This is an application for grant of electricity connection. The petitioner claims to be an encroacher upon Government revenue law. The petitioner further claims to be in settled possession thereof. Since the prayer of the petitioner for grant of electricity connection is yet to be considered by the concerned respondent authority, this writ petition has been filed.

A concurrent Hon'ble Single Bench had passed the following Order in identical matters. The order stands quoted below.

"The petitioner had encroached upon a government revenue land and claims to be in settled possession thereof. The petitioner had applied for an electricity connection but the same has not yet been granted. This has prompted the petitioner to approach this Court by filing the instant writ petition.

The respondents have 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 judgment reported in 2011(2) CHN (Cal) 768 (Abhimanyu Majumdar vs. The Superintending Engineer and others), 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 land in question and shall be entitled to the enjoyment of electricity so long as the writ petitioner is not dispossessed by due process subject to payment of all requisite charges and fulfillment of other criteria to get such electric connection.

It is made clear that the 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 downloaded from the official website without insisting upon 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.

The writ petition is accordingly disposed of." In view of the identical cause of action espoused in this writ petition including the identity of the reliefs prayed for, this Court has no reason to take a view different from the view taken by the Hon'ble Single Bench (supra) passed in WPA/516/2022 on 29th of September, 2022.

It is accordingly so ordered.

WPA/775/2022 stands thus disposed of.

Since affidavits are not invited, all allegations to the contrary are deemed to be denied and disputed.

All parties to act in terms of a copy of the order downloaded from the official website of this Court. Urgent Xerox certified copy of this order be supplied to the Learned Counsel for the respective parties upon compliance of usual formalities.

( Subrata Talukdar, J. )