Bikash Mandal v. The Superintending Engineer And Others

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/836/2023 Bikash Mandal Vs.

The Superintending Engineer and others Mr. R Pradeep ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents July 26, 2023 (Manoj) Item No.20 Mr. Pradeep, learned advocate appearing for the petitioner submits that the petitioner is occupying a government revenue land bearing survey no. 51/1/P, measuring about 200 sq.mtrs at Ram nagar, Shaheed Dweep, 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.

He submits that the petitioner submitted a representation to the electricity authorities on 16th March, 2023 with a prayer to grant electricity connection. The said representation has not been disposed of by the authorities and aggrieved thereby, the petitioner has approached this Court.

He submits that as an occupier the petitioner is entitled to electricity connection and in support of such contention reliance has been placed upon a judgment delivered in the case of Abhimanyu Mazumdar and others vs The Superintending Engineer and others reported in 2011 (2) CHN 768.

Mr. Lall, learned advocate enters appearance on behalf of the electricity authorities.

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. 3 to consider the petitioner's representation dated 16th March, 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. 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.)