SHYAMAL KARMAKAR v. THE SUPERINTENDING ENGINEER AND ANOTHER
WPA/92/2026 · 2026-02-27
Ajay Kumar Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3452 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3452 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] ***
WPA/92/2026
Shyamal Karmakar
Vs
The Superintending Engineer and Another
Mr. Bahan Kharia
… for the petitioner
Mr. S. C. Mishra
… for the respondents (through virtual mode) February 27, 2026
[AKB] Item No.5
This instant writ petition has been filed by the petitioner seeking direction upon the respondents to provide electricity connection in the dwelling house on the encroached land measuring an area of 200 Sq. mtrs. situated at Hoshiyarpur, Wimberlygunj prior to 2003 being survey No. 10/P under Ferrargunj Tehsil, South Andaman District and constructed therein a dwelling house and residing peacefully without any disturbance. The petitioner had made an application before the authority on 06.09.2025 through online being Application No.
33855. The same is neither rejected nor disposed of by the concerned authority. Having heard the submission of the learned Counsel and on perusal of the record, it appears that the respondent authorities have neither considered as yet nor his prayer for supply of electricity rejected. The application is still under consideration of the electricity Department. The electricity is the basic necessity of life as well as fundamental right derived from
2
the right to life under Article 21 of the Constitution of India subject to certain conditions. It is, therefore, no use to keep this writ petitioner pending. Considering the submissions made on behalf of the parties and on perusal of the materials on record, it would serve purpose, if the respondent no.1 is directed to consider and decide the representation of the petitioner 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 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
3
positively within one week from the date of the said reasoned decision. On the above terms this writ petition, WPA 92 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.)