P. Madhava Rao Vs. Superintending Engineer and ors. - Court Judgment

Excerpt:
- soumitra pal, j.1. this is an application praying for a direction upon the state respondents to provide electric connection in a building situated on the plot of land in which the petitioner is in actual physical possession.2. it has been stated that for want of electricity the petitioner is facing hardship as in his family there are three school going children. one of his daughter is having an eye ailment. therefore, having no other option he made an application before the junior engineer, pathargudda, south andaman for providing electricity which was recommended by the gram pradhan of the panchayat. however, the same till date has not been considered in the absence of 'no objection certificate' from the owner of the land and the tehsildar.3. incidentally it has been mentioned in the writ petition that there is a dispute over the plot of land in question with the private respondent no. 5 and a suit being suit no. 28 of 2003 is pending before the learned civil judge, senior division, port blair for recovery of possession. in this backdrop, the petitioner has moved the present writ petition.4. learned advocate appearing on behalf of the petitioner submitted that electricity is an essential item and unless directions are issued for the grant of electricity, the petitioner shall suffer. in support of his submission, he has referred to an order passed on 16th november, 2005 by the division bench of this court passed in mat no. 16 of 2005 rajeshwari mistry v. lt. governor and ors.5. appearing on behalf of the private respondent no. 5, mr. lall, learned advocate submitted that the writ petition is not maintainable since civil proceeding pending.6. mr. mondal, learned advocate appearing on behalf of the state respondent nos. 1 to 4 has submitted that electricity connection to the petitioner cannot be provided in view of the andaman and nicobar islands electrical energy (control & supply, distribution, consumption and use) (amendment) order, 1985 (for short 1985 order) issued by the andaman and nicobar administration.7. admittedly the petitioner has filed an application for providing electricity. the issue is whether connection can be granted in the backdrop of the facts and the 1985 order.8. electricity, in modern day is essential. it is integral part of one's life. right to life has been recognized in our constitution. but it is not merely one of living, but the quality of life. further it is not out of place to mention that section 43 of the electricity act, 2003 envisages that every distribution licensee shall on an application by the owner or occupier of any premises provide supply to such premises within a month. in the present case, the petitioner has stated that the studies of his children are affected for want of electricity. his daughter is under medication for eye ailment. in my view, considering the facts, it is a proper and fit case for passing appropriate orders. therefore, let there be an order directing the executive engineer, head quarter division, electricity department, vidhyut bhavan, port blair respondent no. 2 to provide electric connection to the premises of the petitioner within a period of four weeks from the date of compliance of all formalities including payment of necessary charges without insisting on the no objection certificate from the private respondent no. 5 and/or from the state authorities.9. however, this order shall not create any equity and/or right in favour of the petitioner and is without prejudice to the rights and contentions of the parties in the pending suit. needless to mention electric connection provided shall be subject to the ultimate outcome of the pending civil suit.10. since the respondents including the private respondent were not called upon to file affidavits, the allegations contained in the writ petition are deemed to have been not admitted by them.11. the writ petition is, thus, disposed of. no order as to costs.