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2026 DAILYLAW 3441 (CAL)

ASRITA BHENGRA v. THE EXECUTIVE ENGINEER (SAD) AND ANR

WPA/74/2026 · 2026-02-17

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/74/2026 Asrita Bhengra Vs The Executive Engineer (SAD) and Another Mr. Kishore Karmakar … for the petitioner February 17, 2026 [AKB] Item No.14 This writ petition has been filed by the petitioner seeking direction upon the respondent No.2 to consider the application/representation of the petitioner in terms of Section 43 of the Electricity Act, 2003 and thereafter provide Electricity in the dwelling house of the petitioner standing on Sy.No. 1/P, situated at Ward No. 18, Birsanagar, Attam Pahad, Garacharma II village, under Sri Vijaya Puram Tehsil, South Andaman District in favour of the petitioner. Brief facts of the case of the petitioner are that the petitioner’s ancestors were residing in the aforesaid premises by constructing dwelling house, but cannot get electricity connection in the said dwelling house. Though it is admitted fact that they are the encroacher of the land of the government. It is further case of the petitioner that the Government of India in order to extend benefit to citizens who are not been vested with right, title and interest in the encroached land launched a scheme vide Ministry’s letter No. U-13034/3/2003- ANL dated 02.05.2003 whereby it was mandate that those encroachers who were found in the government land up to 2 March 1993 are entitled to get electricity connection. Therefore, he applied for supply of electricity on the said dwelling house. 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 justice, if the respondent no.2 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 2 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.2 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.2 3 It is made clear further that the respondent no.2 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.2, 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 74 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.)