Anastassia Soreng v. The Superintending Engineer And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/918/2023 Anastassia Soreng Vs The Superintending Engineer and Another Mr. Praskash Minj ... for the appellants Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents October 10, 2023 [SR] Item No.20 The petitioner claims to be an encroacher of a piece of revenue land and submits that she applied for electricity connection before the respondent authorities for her residential house constructed thereon. Though the application was filed on 27th July, 2023, no step has been taken by the authority in this regard.

Learned counsel for the petitioner places reliance on an authority in Abhimanyu Mazumdar vs. Superintending Engineer reported in LAWS(CAL) 2011 2 36 wherein the Hon'ble Division Bench of this Court has observed that so long as a trespasser in settled possession is not so evicted, he should be entitled to get electricity with the aid of Section 43 of the Electricity Act on compliance of the terms of supply as provided under the law.

It is submitted on behalf of the respondents that it cannot be ascertained whether the application has been filed by the petitioner or received by the authority.

Upon consideration of the submission made on behalf of the parties, the writ petition is disposed of directing the second respondent to consider the application submitted by the petitioner dated 27.07.2023 in terms of the judgment of the Hon'ble Division Bench in Abhimanyu Mazumdar (supra) and take necessary steps for providing electricity connection to the

petitioner for her residential house in the plot in question within three weeks from the date of communication of this order, subject to the petitioner complying with all requisite formalities, in accordance with law.

The petitioner is directed to provide a copy of the application dated 27.07.2023 to the second respondent along with the copy of this order at the earliest.

There shall, however, be no order as to costs. Since affidavit has not been invited, the allegations made in the writ petition are deemed not to have been admitted. Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

( Suvra Ghosh, J. )