Jarna Bibi v. The Superintending Engineer And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/969/2023 Jarna Bibi Vs The Superintending Engineer and Others Mr. M.K. Thakur ... for the petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ... for the respondents October 13, 2023 [SR] Item No.9 The petitioner claims to be in settled possession of government land bearing survey No.418/1(P) measuring an area of sq.mtrs in Village Wimberlygunj. The petitioner applied for electricity connection in the said property before the concerned authority on 20th March, 2023, which is yet to be considered.

The petitioner prays for a direction upon the concerned authority to consider the application at the earliest and provide electricity connection in her property.

It is trite law that an occupant in respect of a property, even if she be an encroacher, is entitled to electric connection therein until she is evicted by due process of law.

Since the petitioner claims to be in settled possession of the plot in question, the writ petition is disposed of directing the third respondent to consider and dispose of the application filed by her on 20.03.2023 within a period of four weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law.

The petitioner is at liberty to place all relevant documents before the authority at the time of hearing in support of her claim.

The writ petition being WPA/969/2023 is accordingly disposed of. 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. )