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

ORDER

19.08.2024

¶1Heard Mr. G. Uddin, learned counsel for the review petitioner. Also heard Mr. K.P. Pathak, learned counsel for the APDCL.

¶2The review petitioner has prayed for review of the order dated 03.05.2024 passed in WP(C) 2315/2024, wherein this Court had directed that the petitioner should be given the liberty to make an application to the APDCL authorities for grant of temporary connection and the same should be provided by the APDCL authorities, if the petitioner was in occupation of the premises for which the Page No.# 3/4 electricity connection was sought for. The said direction had been passed by this Court in pursuant to the decision of the Supreme Court in the case of Dilip

(dead) through Lrs. Vs. Satish & Others , reported in 2022 0 Supreme

(SC) 1485.

¶3The review petitioner's counsel submits that the petitioner had, in pursuance to the order of this Court, applied for grant of a temporary electric connection and the same was provided to the petitioner. However, the petitioner wants a review of the order, inasmuch as, he has to pay Rs.5050/- to the APDCL authorities for the temporary electricity connection and if the same was converted into a permanent connection, the petitioner will have to pay a lesser amount. He submits that the petitioner has submitted a representation which has not been decided by the respondent authorities.

¶4Mr. K.P. Pathak, learned counsel for the APDCL submits that no ground for review has been made out by the review petitioner as can be seen from the submission made by the petitioner's counsel and the contents of the review petition.

¶5The grant of temporary electrical connection had been made pursuant to this Court's order dated 03.05.2024 in WP(C) 2315/2024, in view of the fact that there was a property dispute between the petitioner and the respondent no.6 in the writ petition. Further, the Title Suit No.98/2024 was pending before the Civil Judge Junior Division No.2, Kamrup(M), Guwahati. As indicated above, the property in question for which temporary electricity connection has been given is a disputed property. The submission made by the writ petitioner and the Page No.# 4/4 contents of the review petition do not indicate that there is any error apparent on the face of the record or any mistake has occurred in the order sought to be reviewed. In fact, the order dated 03.05.2024 has been acted upon by the review petitioner. This Court accordingly finds that no case for review of the order dated 03.05.2024 passed in WP(C) 2315/2024 has been made out.

¶6The review petition is accordingly dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010150052024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./136/2024o RAMoPRASADoDASo S/O-oRAMoCHARANoHARIJANo@oRAMoCHANDRAoHARIJAN,oR/O-oHOUSEo NO.o39oPITALKARKHANA,oBISHNUPUR,oP.O.oGOPINATHNAGAR,oP.S.o BHARALUMUKH,oGUWAHATI-781016,oKAMRUP(M),oASSAM VERSUSo THEoASSAMoPOWERoDISTRIBUTIONoCOMPANYoLTDoANDo5oORSo REPRESENTEDoBYoCHAIRMANo4THoFLOOR,oBIJULEEoBHAWAN,oPALTANo BAZAR,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, P ADHIKARI Advocate for the Respondent : SC, APDCL, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA