Shri. Debashis Podder v. The Superintending Engineer And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** WPA/682/2024 Shri. Debashis Podder Vs The Superintending Engineer and others Ms. Priya Bhengra ... for the petitioner Mr. S.C.Mishra ... for the respondents January 17, 2025 [AKB] Item Nos.2 The writ petition has been preferred by the petitioner seeking electricity connection in respect of the property being a government revenue land bearing survey no. 153 measuring an area 500 Sq.mtrs. situated at Ramnagar village Shaheed Dweep under Port Blair, District South Andaman.

The respondents no. 1 & 2 have filed an affidavit-inopposition against the said writ application whereby respondents have denied the contentions made by the petitioner. The learned advocate representing the petitioner submits that the grandfather of the petitioner had encroached the government revenue land wherein the petitioner is seeking electricity connection to be provided and that was prior to 30.04.1993. She further submits that as per scheme dated 09.05.2003 it has been laid down that encroachers of government revenue land who have encroached prior to March 1993 are to be provided with electricity and drinking water. Relying upon the said scheme the learned counsel seeks relief as per the prayer made in the writ petition. The learned counsel representing the respondents brings to the notice of the Court page no.

24 wherein photocopy of Aadhar Card has been provided and places before the Court that the date of birth of the petitioner is 09.01.1988, as such, prior to the month of March 1993 the age of the petitioner would have been only five years and it is not possible for a child of five years to encroach upon the government revenue land, as such, the learned counsel prays for rejection of the writ petition.

transpires that the scheme which the petitioner is banking upon is a scheme whereby persons occupying government revenue land prior to March, 1993 would be provided electricity connection. From the Aadhar Card furnished by the petitioner it transpires that the age of the petitioner was five years during the month of March, 1993, as such, it is hard to believe that the petitioner being a child of five years at that relevant point of time had encroached government revenue land.

In such circumstance the criteria as laid in the letter dated 09.05.2003 not being fulfilled the present writ petitioner is not entitled to the electricity connection as prayed for as such the writ petition is dismissed without any order as to costs. (Supratim Bhattacharya, J.)