P.Zakir Hussain v. The Superintending Engineer And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA 926/2022 Shri P. Zakir Hussain ... Petitioner Vs.

The Superintending Engineer and Ors. ... Respondents Mr. Mohd. Siddique ...for the Petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ...for the Respondents December 20, 2022 [MAM] Item No.13 According to the petitioner, he had encroached upon a Government revenue land and claimed to be in settled possession thereof. In support of such possession the petitioner has relied upon the documents including Aadhaar Card annexed with the petition. The petitioner had applied for an electricity connection but the same was refused. That is why the petitioner approached this Court by filing instant Writ Petition under Article 226 of the Constitution of India. The respondents have not able to produce any document to rebut the presumption arose out of the documents filed on behalf of the petitioner. Both the learned Advocates appearing on behalf of the parties to this Writ application have referred to the case of Abhimanyu Mazumdar vs. Superintending Engineer reported in 2011(2) CHN (CAL) 768.

On perusal of the reported decision, the concerned respondent authorities are directed to grant electricity connection to the petitioner within three weeks from the

date of communication of this order if the Writ petitioner is found in settled possession of land-in-question and entitled to the enjoyment of electricity so long the writ petitioner is dispossessed by due process subject to payment of all requisite charges and fulfillment of other procedure to get such electric connection.

I make it clear that grant of electricity connection on the petitioner's encroached land will not create any equity in favour of the petitioner over the subject plot to resist the rightful owner.

Since I have not asked for any affidavit the allegation contained in the Writ petition are deemed to have not been admitted by the respondents. Parties shall act on the basis of server copy of this order downloaded from the official website without insisting certified copy thereof. With the aforesaid observation the writ petition stands disposed of.

(Bibhas Ranjan De, J.)