Smti.V.Kavitha v. The Superintending Engineer And ORS.
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] *** WPA/719/2024 Smt. V.Kavitha Vs The Superintending Engineer and others Mr. S.Sasi Kumar ... for the petitioner Mr. S.C.Mishra ... for the respondents January 10, 2025 [AKB] Item Nos.4 The present petition has been filed by the petitioner seeking a new electrical connection in her dwelling house situated in the encroached government revenue land bearing survey no. 25/P measuring an area of 100 sq.mtrs. situated near Post Office Dollygunj Village, Sri Vijaya Puram, Port Blair Tehsil, South Andaman District. The petitioner has prayed for the following reliefs through the present writ petition:- A) A Writ and/or writs do issue in the nature of mandamus directing the respondent authority to act accordingly in accordance with law.
B) A writ and/or writs do issue in the nature of mandamus directing the respondent authorities herein to dispose of the representation dated 19.06.2024 and to provide electricity in the dwelling house of the petitioner standing on Survey No. 25/P area 100 Sq. mtrs. Situated at Near Port Office, Dollygunj village, Sri Vijaya Puram South Andaman.
C) A writ in the nature of certiorari directing the respondent to transmit the relevant records before this Hon'ble Court enabling the court to render justice in the matter. D) Other or further writ and/or direction and/or order as your Lordship may deem fit and proper in the facts and circumstances of the case."
The learned counsel representing the petitioner submits that an application seeking new supply of electricity in the building of the petitioner where the petitioner resides has been made online on 19.06.2024 and till date no electrical connection has been provided, as such the petitioner is seeking a direction upon the respondents.
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The learned counsel representing the respondents files a document stating Application Status be kept with the record. The learned counsel submits that the application made online on 19.06.2024 has been rejected on 20.06.2024 on the ground that electoral identity card mandatorily having the same address as proof of occupancy of the premises only for the purpose of releasing electricity connection had not been furnished. Relying upon the aforementioned fact the learned counsel prays for dismissal of the present writ petition.
The learned counsel representing the respondents further submits that after the application being rejected the petitioner had an opportunity to challenge the said order of rejection but they have not preferred so for the last six months instead the petitioner has proceeded to seek relief through the present writ petition which is not in accordance with law. On going through the writ petition and the documents on record it transpires that the petitioner has prayed for new electrical connection at her residence situated on an encroached revenue land bearing survey no. 25/P measuring an area of 100 Sq.mtrs. situated near Post Office Dollygunj Village, Sri Vijaya Puram, Port Blair Tehsil, South Andaman District.
On perusal of the Application Status which has been provided on behalf of the respondents by the learned counsel it transpires that the said application made on 19.06.
"Remarks:
SUBMIT EITHER RATION CARD OR ELECTORAL IDENTITY CARD MANDATORILY HAVING THE SAME ADDRESS AS A PROOF OF OCCUPANCY OF THE PREMISES ONLY FOR THE PURPOSE OF RELESING ELECTRICITY CONNECTION."
As the petitioner has not challenged the order dated 20.06.2024 instead is seeking for electricity connection on the basis of the application dated 19.06.2024 which has already been rejected so the present writ petition cannot be allowed. This being the position the present writ application is dismissed without any cost.
(Supratim Bhattacharya, J.)