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Calcutta High Court · body

2026 DAILYLAW 45811 (CAL)

S RADHIKA v. THE SUPERINTENDING ENGINEER AND ANOTHER

WPA/471/2026 · 2026-10-01

Prasenjit Biswas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/471/2026 S. Radhika Vs. The Superintending Engineer and Another Mr. K. Vijay Kumar … for the petitioner October 1, 2026 [AKB] Item No.1 1. Heard learned advocate for the petitioner. 2. Affidavit-of-service filed on behalf of the petitioner be kept with the record. 3. None appears on behalf of the respondents despite service affected upon them. 4. It is the case of the writ petitioner that she has been in occupation of a parcel of land bearing Survey No. 255/1/P, measuring approximately 100 sq. metres, situated at Bimblitan Village, under Sri Vijaya Puram Tehsil, District South Andaman, since a period prior to the year 1993. It is her further case that, since then, she has been residing there with her family members and has constructed a dwelling unit over the said land. 5. It is submitted that, with a view to obtaining an electricity connection to the aforesaid dwelling unit, the writ petitioner submitted an online application on 25.07.2026 before the competent authority. According to the petitioner, despite submission of the said application, no effective steps have been 2 taken by the respondent authorities for providing an electricity connection to the premises. 6. Learned counsel appearing for the petitioner submits that the petitioner has approached the respondent authorities on several occasions seeking consideration of her request for electricity connection, but all such efforts have allegedly yielded no result. It is, therefore, prayed that a direction may be issued upon the competent authority to consider and dispose of the petitioner's application in accordance with law. 7. Having considered the submissions advanced on behalf of the petitioner and upon perusal of the materials available on record, this Court is of the view that the grievance of the petitioner may appropriately be addressed by directing the competent respondent authority to consider the application already submitted by her. Such consideration, however, must necessarily be undertaken strictly in accordance with the applicable statutory provisions, rules, regulations and other governing norms, and without being influenced by any observation contained in this order. 8. Accordingly, the respondent authorities are directed to consider and dispose of the online application dated 25.07.2026 submitted by the writ petitioner, in accordance with the relevant provisions of law, within a period of two weeks from the date of communication of this order. 9. Before taking a final decision, the writ petitioner shall be at liberty to place before the competent authority all relevant documents and materials upon which she seeks to rely in 3 support of her claim. The competent authority shall also afford the petitioner a reasonable opportunity of hearing, if so required in the facts and circumstances of the case, before passing the appropriate order. 10. The entire exercise, including consideration of the petitioner's application and communication of the decision to her, shall be completed by the respondent authorities within a period of three weeks from the date of communication of this order. 11. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim, including her claim of occupation over the aforesaid land or her entitlement to an electricity connection. The competent authority shall take an independent decision strictly in accordance with law and on the basis of the materials placed before it. 12. The writ petitioner is directed to communicate a copy of this order to the respondent authorities forthwith for taking necessary consequential steps in terms thereof. 13. The writ petition being WPA/471/2026 is disposed of. ( Prasenjit Biswas, J. )