Ram Prasad Das v. The Assam Power Distribution Company Limited and 5 Ors

ORDER

03.05.2024

¶1Heard Mr. G. Uddin, learned counsel for the petitioner. Also heard Mr. K.P. Pathak, learned counsel for the APDCL and Ms. S. Dasgupta, learned counsel for the respondent no.6.

¶2Mr. G. Uddin, learned counsel for the petitioner submits that there is a Title Suit No.98/2024 pending between the petitioner and the respondent No. 6, filed by the petitioner, seeking a declaration of possessory right over the suit land.

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¶3The petitioner's case is that the respondent No. 6 has illegally cut off the electricity for which Misc.(J) Case No. 179/2024 has been filed in Title Suit No. 98/2024, praying for restoration of electricity and water supply and other amenities.

¶4On a query to the learned counsel for the petitioner as to why the petitioner had initiated two parallel proceedings for restoration of electricity connection, the petitioner's counsel submits that the APDCL, who is to restore the electricity connection, is not a party in Misc.(J) Case No. 179/2024 or in Title Suit No. 98/2024.

¶5The counsel for the respondent no.6 submits that the possessory rights of the petitioner in the property is under consideration in Title Suit No.98/2024 pending before the Court of the Civil Judge, Junior Division No.2, Kamrup(M), Guwahati and the documents regarding the same has not been given to the respondent no.6..

¶6In the case of Dilip (dead) through Lrs. Vs. Satish & Others , reported in 2022 0 Supreme (SC) 1485, the Supreme Court has held that the electricity is a basic amenity of which a person cannot be deprived of. Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue a No Objection Certificate. All that the Electricity Supply Authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question.

¶7In view of the law laid down by the Supreme Court, this Court is of the view that if it is found that the petitioner is in occupation of the premises in question, he should be granted a temporary electricity connection by the APDCL authorities.

¶8Accordingly, the petitioner is given the liberty to make an application to the Page No.# 4/4 APDCL authorities, for grant of a temporary connection and the same should be provided by the APDCL authorities, if the petitioner is in occupation of the premises for which the electricity connection is sought for. If the petitioner makes an application for temporary connection of electricity, the same should be considered and disposed of at the earliest.

¶9The writ petition is accordingly disposed of. However, it may be clarified that this Court has not made any finding or observation with regard to the grievance of the parties in connection with Title Suit No.98/2024.

¶10The petitioner is also directed to give all pleadings/documents relating to T.S. No.98/2024 to the respondent no.6 within a week from today.

JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010086702024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2315/2024o RAMoPRASADoDASo S/O-oRAMoCHARANoHARIJANo@oRAMoCHANDRAoHARIJAN,oR/O-oHOUSEo NO.o39oPITALKARKHANA,oBISHNUPUR,oP.O.oGOPINATHNAGAR,oP.S.o BHARALUMUKH,oGUWAHATI-781016,oKAMRUP(M),oASSAM VERSUSo THEoASSAMoPOWERoDISTRIBUTIONoCOMPANYoLIMITEDoANDo5oORSo (APDCL),oREPRESENTEDoBYoCHAIRMANo4THoFLOOR,oBIJULEEoBHAWAN,o PALTANoBAZAR,oGHY-781001. 2:THEoJOINToSECRETARYoDEPARTMENT oPOWERoANDoELECTRICITYoDEPARTMENT oDISPUR oGUWAHATI oASSAM oPIN-o781006. 3:THEoASSAMoSTATEoELECTRICITYoBOARD o(ASEB) oREP.oBYoSECRETARY o4THoFLOOR oBIJULEEoBHAWAN oPALTANoBAZAR oGHY-781001. 4:THEoGENERALoMANAGERo/oMANAGINGoDIRECTOR oAPDCL oSIXoMILE oGUWAHATI Page No.# 2/4 PIN- 781022. 5:THE SUB-DIVISIONAL ENGINEER KALAPHAR ELECTRICAL SUB-DIVISION APDCL LAR KAHILIPARA GUWAHATI PIN- 781016. 6:RAM AKBAL DAS PITALKARKHANA BISHNUPUR P.O. GOPINATHNAGAR P.S. BHARALUMUKH GHY DIST. KAMRUP(M) PIN- 781016 Advocate for the Petitioner : G UDDIN Advocate for the Respondent : SC, APDCL BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA