Subrata Das and Anr v. The Managing Director and 4 Ors

ORDER

27.05.2024

¶1Heard Mr. D. Chakraborty, learned counsel for the petitioner, who submits that in view of the order dated 17.06.2019 passed by this Court, the writ petition has become infructuous.

¶2The petitioners' counsel also submits that pursuant to the order dated

17.06.2019, the electricity connection has been restored to the petitioners' premises.

¶3Mr. K.P. Pathak, learned counsel appears for the APDCL and submits that the writ petition has become infructuous.

¶4The order dated 17.06.2019 passed in this case is reproduced below, as follows : "Heard Mr. D Chakraborty, learned counsel for the petitioners and Mr. HK Sarma, Page No.# 3/4 learned Standing Counsel, Assam Power Distribution Company Ltd. (APDCL). Temporary connection to the premises of the petitioners at HKD Road, NS Avenue, Silchar was disconnected by Silchar Electrical Sub-Divisional Engineer-II, APDCL vide disconnection notice dated 26.03.2019 in view of order passed by Civil Judge No.1, Cachar at Silchar on 02.01.2019. A perusal of order dated

02.01.2019 passed by Civil Judge No.1, Cachar at Silchar in Misc. Case No.1/2019 arising out of Title Suit No.165/2017 would go to show that there is a dispute relating to right, title and interest over the suit land between respondent No.5 and the petitioners which is now being adjudicated by the Civil Judge; out of which injunction proceedings arose. By the order dated

02.01.2019 parties were directed to maintain status quo so far suit land is concerned. This order dated 02.01.2019 has to be understood in the context in which it was passed. Direction to parties to maintain status quo in respect of suit land would mean that neither of the parties can change or alter the nature and character of the suit land during pendency of the civil proceeding. It does not mean and cannot be construed to mean that pending adjudication, electricity connection to the premises of the petitioners, be it temporary or regular, can be disconnected. Issue notice, returnable 6 weeks. Mr. Sarma accepts notice on behalf of respondent Nos.1, 2 and 3. Extra copies within 3 days. Notice to respondent Nos.4 and 5 by registered post with A/D. Steps within 3 days. After hearing learned counsel for the parties and on due consideration, impugned disconnection notice dated 26.03.2019 is hereby stayed. Respondent No.3 is directed to forthwith restore electricity connection to the premises of the petitioners. List again on 30.08.2019."

¶5In view of the fact that only prayer made in this writ petition is for restoration of electricity, which has been done by the APDCL Authorities Page No.# 4/4 pursuant to the order dated 17.06.2019, the writ petition has become infructuous. The same is accordingly dismissed as infructuous.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010132282019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3934/2019o SUBRATAoDASoANDoANR.o S/OoLT.oSUKENoDAS,oR/OoSATSANGAoASHRAMoROAD,oSILCHARoTOWN,o PS.SILCHAR,oDIST.-CACHAR,oASSAM 2:oASHIMoDAS oS/OoLT.oAKHILoDAS oR/OoMAHANAMBRATAoSARANI oHAILAKANDIoROAD oSILCHAR-788005 oP.S.oSILCHAR oDIST.-CACHAR oASSAo VERSUSo THEoMANAGINGoDIRECTORoANDo4oORS.o ASSAMoPOWERoDISTRIBUTIONoCOMPANYoLTD.oBIJULEEoBHAWAN,o PALTANoBAZAR,oGUWAHATI-781001 2:THEoASSAMoELECTRICITYoREGULATORYoCOMMISSION o(ELECTRICITYoSUPPLYoCODEoANDoRELATEDoMATTERS)oREGULATION o2004o(FIRSToAMENDMENT)o2007 oREP.oBYoITSoCHIARPERSON 3:THEoSUBoDIVISIONALoENGINEER oSILCHARoELECTRICALoSUBoDIVISION-oII oASSAMoPOWERoDISTRIBUTIONoCOMPANYoLTD.oSILCHAR oDIST.-CACHAR oASSAM. 4:RATNAJIToROY oS/OoSRIoRUNUoROY oR/OoHAILAKANDIoROAD oSILCHAR-788005 Page No.# 2/4 P.S SILCHAR DIST.-CACHAR ASSAM 5:MANJUSHREE SWAMI W/O LT. SUBHENDU KUMAR SWAMI R/O FLAT NO. D. 02 MAYUR KUNJA APARTMENT COLLEGE ROAD SILCHAR TOWN P.S. SILCHAR DIST.-CACHAR Advocate for the Petitioner : MR. D CHAKRABARTY Advocate for the Respondent : SC, APDCL BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA