1 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/429/2026 Asish Mondal Vs The Superintending Engineer and Others Mr. U Partha Sarathi … for the petitioner Mr. S.C.Mishra … for the respondents August 27,2026 [SR] Item No.6 1. The petitioner claims to be a tenant of a particular plot of land where he intends to run a teashop. Application was made by the petitioner for grant of fresh electricity connection. The same has been rejected by the authority with the remarks “requested to reapply along with No Objection Certificate from all the Joint Land Owners of the land executed either before the Executive Magistrate or Notary Public along with Rent Agreement or lease Deed.” 2. The petitioner is aggrieved by the same. It has been submitted that the landlord is not inclined to issue No Objection Certificate in favour of the petitioner. 3. It has been argued that the submission of No Objection Certificate should not stand in the way of the authority for grant of electricity connection. 4. In support of such submission, reliance has been placed on the judgment dated 04.09.2025 passed by a Coordinate Bench of this Court in WPA/310/2025 in the matter of Smt. Malathi Biswas vs. The Superintending Engineer and another 2 wherein the Court categorically held that absence of No Objection Certificate from the owner of the premises cannot be an absolute bar for grant of electricity. Such denial of basic facility would amount to violation of the right to life and dignity enshrined under Article 21 of the Constitution of India. 5. Prayer has been made to set aside the impugned rejection and to direct the respondent authority to reconsider the prayer for grant of electricity connection. 6. Learned advocate representing the Electricity Department relies upon Regulation 5.30 of the Joint Electricity Regulatory Commission for State of Goa, Union Territories (Electricity Supply Code), Regulation, 2018. It has been submitted that for grant of electricity connection, the documents as mentioned in the subject Regulation are required to be submitted. 7. Upon hearing the submissions made on behalf of both the parties and on perusal of materials on record, it appears that the application was made by the petitioner for grant of fresh electricity connection as ‘non-domestic service’. 8. The petitioner intends to run a teashop from the subject premises. Accordingly, the petitioner ought to apply for commercial connection. 9. It also appears that the application was made in respect of the plot of land which has been mentioned to be owned by the petitioner. The same is not the case. The petitioner has disclosed himself to be a tenant of the subject plot of land. 10. The application seeking fresh electricity connection filed by the petitioner, prima facie appears to be contrary to records. 3 11. In view of the above, the instant writ petition stands disposed of with the observation that it will be open for the petitioner to apply for obtaining fresh electricity connection by disclosing proper facts and figures. 12. In the event such application is made, the same shall be considered by the authority strictly in accordance with law and in line with law laid down by the Court in the matter of Smt. Malathi Biswas (supra) at the earliest but positively within a period of six weeks from the date of communication of this order.A reasoned order shall be passed and communicated to the petitioner. 13. The writ petition stands disposed of. There shall be no order as to costs. 14. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. (Amrita Sinha, J. )