Smt. Tussi Das v. The Superintending Engineer And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/705/2024 Smt. Tussi Das Vs.

The Superintending Engineer and Another Mr. K. Vijay Kumar ... for the petitioner Mr. S.C. Mishra ... for the respondents December 16, 2024 [SR] Item no. 9 1.

The petitioner is aggrieved by the ground of rejection of her application seeking electric connection.

2.

The ground for rejecting the prayer of the petitioner is that the uploaded sale deed is not valid. The petitioner was directed to upload the registered sale deed in addition to the existing documents.

3.

It is settled law that for the purpose of obtaining new electric connection, the applicant is not required to prove ownership. The applicant has to be treated as an occupier of the subject place where she intends to obtain electricity connection. If the petitioner has document in support of her possession of the subject place, the authority ought not to reject the application on the ground of not being the registered owner of the said place.

4.

In view of the above, the instant writ petition is disposed of by setting aside the ground for rejection of the electricity connection and directing the Electricity Department to reconsider the application of the petitioner afresh strictly in

accordance with law, at the earliest but positively within a period of six weeks from the date of communication of this order.

5.

The Electricity Department shall intimate the petitioner the document(s) that she is required to upload for the purpose of obtaining electric connection as an occupier of the subject premises/land.

6.

The petitioner will be obliged to provide the documents in support of her possession of the subject place. 7.

There shall be no order as to costs.

8.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Amrita Sinha, J. )