M.Dilip Kumar v. The Superintending Engineer And 3 Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/1021/2023 Shri M. Dilip Kumar ... Petitioner Vs.

The Superintending Engineer and 3 Others ... Respondents Mr. Vivek Xalxo ...for the Petitioner Mr. Tulsi Lall Mr. Rakesh Kumar ...for the Respondents December 14, 2023 (M.A.Mobin) Item No.6 Heard the learned Counsel for the Petitioner and the learned Counsel appearing for the Respondents. The present Writ application has been preferred praying for necessary directions upon the Respondents to dispose of the representation dated 29.09.2023 for providing electricity to the dwelling house of the petitioner. It is further submitted that the application was rejected with the remarks:

"Providing of Electricity connection to encroachments in A&N Islands on the basis of affidavit shall be stopped immediately under all respective divisions as is done under South Andaman Division till further directions/communications except the directions issued in respective judgments of Hon'ble Court orders for providing of electric connection to encroachers in A & N Islands."

Hence this Writ Petition.

Considering the said materials on record and on hearing both the parties, the respondent authorities are directed to dispose of the petitioner's representation dated 29.09.2023 on hearing the petitioner, as to the electricity connection and dispose of the same in accordance with law by passing a reasoned order keeping in mind that the facility of electricity is an "essential commodity" within two weeks from the date of communication of this order. Regarding the illegal encroachment, the authority is at liberty to take necessary steps in accordance with law before the appropriate forum.

The Writ Petition is accordingly disposed of. [Shampa Dutt (Paul), J.]