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2026 DAILYLAW 18591 (CAL)

NANI RAM v. THE ASSISTANT ENGINEER-II (HQ) AND ANR

WPA/58/2026 · 2026-02-18

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/58/2026 Nani Ram Vs. The Assistant Engineer-II (HQ) and Another Mr. K. Sabir …. for the petitioner February 18, 2026 [TK] Item No.10 The writ petition has been filed by the petitioner seeking direction upon the respondent authorities herein to provide immediately electricity connection in the dwelling house of the petitioner standing on Survey No. 1/220 area 200 Sq.mtrs. situated at Birsa Nagar, Attam Pahad village, Sri Vijaya Puram Tehsil, South Andaman District. It is a specific case of the petitioner that the petitioner is residing at the aforesaid plot survey being no. 1/220 from the year 1995 after encroaching a piece of government revenue land. He is in physical possession and constructed dwelling house therein and also residing with her family members. The petitioner has applied for supply of electricity on 31.07.2025 but the said application has not been considered as yet. Having heard the submission of the learned Counsel and on perusal of the record it appears that the respondent authorities have not yet considered her prayer for supply of electricity nor rejected. About one year has already been passed. The electricity is the basic necessity of life and 2 fundamental right derived from the right to life under Article 21 of the constitution of India subject to certain conditions. It appears from the writ petition that such representation is under consideration of the concerned authorities. Therefore, it is not useful to keep this writ petitioner pending. Service of the copy of the writ petition upon the Respondent is hereby dispensed with. Considering the submissions made on behalf of the Petitioner and on perusal of the materials on record, it would be sub-served purpose, if the respondent no.1 is directed to consider and decide the representation of the petitioner appended with the writ petition upon affording an opportunity of hearing to the writ petitioner and shall decide the same with a reasoned order strictly in accordance with law. The entire exercise, as directed above, shall be carried out and completed by the respondent no 1 positively within a period of three weeks from the date of communication of this order along with copy of writ petition. While considering the representation, the respondent no.1 shall consider all other documents annexed with the writ petition and their applicability in the case. It is made clear that this Court has not gone into the merits of the claim of the petitioner in any manner and the petitioner will be at liberty to urge whatever points he wishes to urge by relying upon whatever records and documents he wishes to rely upon before the respondent no.1 3 It is made clear further that the respondent no.1 shall pass its reasoned decision in accordance with law independently without being influenced of any observation, whatsoever made herein above. After the reasoned decision is arrived at by the respondent no.1, shall communicate the same to the petitioner positively within one week from the date of the said reasoned decision. On the above terms this writ petition, WPA 58 of 2026 stands disposed of, without any order as to costs. All the parties shall act on the serve copy of this order duly downloaded from the official website of this Hon’ble Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties after observing all legal formalities. (Ajay Kumar Gupta, J.)