Pranab Kumar Roy v. The Superintending Engineer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/1071/2023 Pranab Kumar Roy Vs.

The Superintending Engineer and another Mr. Prohit Mohan Lall ... for the petitioner Mr. Tulsi Lall ... for the respondents January 11, 2024 [SR] Item No.10 The petitioner had applied for electricity connection before the Assistant Engineer, Hut Bay, Little Andaman. The petitioner contended that he inherited a part of the property from his deceased father.

The petitioner used to use the electricity connection which had been given by his mother. The mother resides in the same property, but in a separate demarcated portion and in the separate mess. Due to some family dispute, the mother stopped supplying electricity to the petitioner. The petitioner applied for new electricity connection in his portion. It appears that the Tehsildar had made an enquiry into the dispute and found that the son i.e. the petitioner was living with his wife, in a dwelling house, which was in a poor condition. There was no electricity. The mother had applied for disconnection of the electricity to the said dwelling house. The mother was staying in another room, separated by a temporary wall. Living condition of the son was shabby.

Under such circumstances, the fact that the petitioner was living in the house, in a demarcated portion, is not in dispute. The dispute is that the mother of the petitioner is not

inclined to allow electricity supply to the petitioner's portion. The electricity authorities are bound to supply electricity to all occupiers. Hence, the rejection of the prayer of the petitioner by the respondents, cannot be justified on the ground that the mother, who was living in the property, was enjoying a connection and may have objection to the connection. Under such circumstances, the writ petition is disposed of with a direction upon the Assistant Engineer, Sub DivisionII, Electricity Department, Port Blair to grant electricity connection to the petitioner in accordance with law, if the authorities find that the petitioner is still in possession of the property in question.

The connection shall be given without prejudice to the rights and contention of the parties in the civil suit. The rival claim of the parties with regard the right, title and interest in respect of the property in question, shall not be affected by such connection. The electricity connection will not create any equity in the respect of the property, in favour of the petitioner and the connection shall not be a declaration of the right, title and interest of the petitioner, in the property. Such direction shall also be subject to any other judgment and decree that may be passed by any competent forum.

The licencee is bound to perform the statutory duty of granting the electricity connection, if it is found that the proposed consumer is in possession of the property in question and the proposed consumer complies with all other legal formalities.

The connection shall be granted within a period of three months from the date of communication of this order, upon compliance of usual formalities.

The writ petition is disposed of accordingly. ( Shampa Sarkar, J. )