Lokash Majhi v. The Superintending Engineer And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/919/2023 Lokash Majhi Vs The Superintending Engineer and Another Mr. Praskash Minj ... for the petitioner Mr.Tulsi Lall Mr. Rakesh Kumar ... for the respondents October 10, 2023 [SR] Item No.21 The petitioner claims to be an encroacher of a piece of revenue land and submits that he applied for electricity connection before the respondent authorities for his residential house constructed thereon. Though the application was filed on 21st June, 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.

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 21.06.2023 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.

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. )