S.Polla Rao v. The Superintending Engineer And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/985/2023 S. Polla Rao Vs.

The Superintending Engineer And Another Mr. Rajesh Kumar ... for the petitioners Mr. Tulsi Lall ... for the respondents October 18, 2023 [SR] Item No.14 The petitioner claims to be an encroacher of revenue land and has applied for electricity connection in the said land before the concerned authority on 16th June, 2023. The application is yet to be considered.

The petitioner prays for a direction upon the authority to consider the application at the earliest.

It is pertinent to mention that there is a catena of decisions which observe that even an unauthorised occupier of a property is entitled to electricity connection therein until he is evicted therefrom in due process of law. Learned counsel for the respondents submits that the second respondent be directed to consider the application in accordance with law.

In view of the above, the writ petition is disposed of directing the second respondent to consider the application submitted by the petitioner on 16th June, 2023 within three weeks from the date of communication of this order, upon affording reasonable opportunity of hearing to all concerned including the petitioner and provide electricity connection in the plot in question to the petitioner upon compliance with all requisite formalities by him.

The writ petition being WPA/985/2023 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. )