SMT. BUDHI KUJUR Vs. SUPERINTENDING ENGINEER AND OTHERS

JUDGEMENT

(1.) The petitioner has filed this application under Article 226 of the Constitution of India being aggrieved by the inaction on the part of respondent No. 3 to provide electricity connection to the petitioner. The petitioner submitted an application before the respondent No. 3 Assistant Engineer, Electricity Department, Hut Bay, South Andaman for obtaining electricity connection. But the department concerned did not pay any heed to such application. The specific case of the petitioner is that the petitioner has encroached Government revenue land bearing survey No. 9, measuring an area of 1000 Sq. mtrs. situated at Hut Bay, under Little Andaman Tahsil. The petitioner has constructed a house on the said land and she has been residing thereon for considerable period of time. The possession of the petitioner over the land in question has become settled possession by efflux of time. The petitioner wanted to have electric connection in her residence, but her successive applications were either remaining unanswered or rejected by the concerned authority on the ground that the possession of the petitioner is not legal.

(2.) Finding no other alternative the petitioner has filed this application under Article 226 of the Constitution of India praying for direction upon respondent No. 3 to provide electric connection to the petitioner in her present residence.

(3.) Learned advocate for the petitioner submits that the petitioner is entitled to get such electric connection in view of her settled possession over the encroached land. Learned advocate Mrs. Kavita Rao appearing on behalf of the respondents submits that the petitioner is definitely entitled to get electric connection in her present residence in view of her settled possession over the encroached land. Learned advocate appearing on behalf of the respondents referred a decision, reported in 2011 (2) CHN (Cal) 768 : (AIR 2011 Cal 64) (Abhimanyu Mazumdar v. The Superintending Engineer) .