Anima Indwar v. The Superintending Engineer And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/908/2023 Smt. Anima Indwar ... Petitioner Vs.

The Superintending Engineer and Anr.

... Respondents Mr. Roban Antony (On behalf of Mr. R.A. Peter) ...for the Petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ...for the Respondents August 24, 2023 (Bithika) Item No.34 An application under Article 226 of the Constitution of India has been filed by the petitioner being aggrieved of being refused to grant electricity connection at the encroached premises of the petitioner disregarding the application dated 28.04.2023 filed before the respondent authority. The respondent authority had rejected the application of the petitioner dated 18.08.2023 with a status report "close".

Heard the submissions of learned Advocates of both the parties.

In view of the observation of the larger Bench of the Hon'ble High Court at Calcutta in Abhimanyu Mazumdar Versus Superintending Engineer reported in 2011(2) CHN (Cal) 768, the respondent authority is directed to provide electricity connection to the petitioner within a

period of three weeks from the date of communication of this order upon due compliance of terms and conditions necessary for obtaining such electric connection being in possession of the premise for installation of electric meter without creating any proprietary interest upon the encroached property.

WPA No.908 of 2023 is disposed of.

The parties are to act upon the server copy of this order.

(Ananya Bandyopadhyay, J.)