Sri Joy Prakesh Barnewal, v. Md. Surhab Ali and 6 Ors

ORDER

29.01.2024

¶1Mr. M.H. Choudhury, learned counsel for the applicant submits that the order dated 21.06.2023 passed by this Court in WP(C) No.3561/2023 should be modified. He submits that the writ petitioner and the applicant are having a dispute with regard to title over shop Bheti No.195 (ka) at Moirabari Di-weekly Market vide Title Suit No. 245/2021 pending in the Court of learned Munsiff No.2, Morigaon. He submits that as the writ petitioner was in illegal possession over the shop, the applicant made a complaint to the state respondents, which resulted in the respondent authorities cutting of the electricity supply being given to the shop. However, due to the writ petitioner having approached this Court vide WP(C) 356/2023 which has been disposed vide order dated 21.06.2023, the writ petitioner's electricity connection is going to be reinstalled, as he has been given liberty by this Court to approach the respondent authorities to apply for a fresh electricity connection.

¶2The applicant's counsel submits that in view of the above facts, the order dated

21.06.2023 passed in WP(C) No. 3561/2023 should be cancelled/modified.

¶3Mr. K. Pathak, learned counsel appears for the respondent Nos. 3, 4, 5, 6 and 7 and Mr. B. Kumar, learned counsel appears for the respondent No.1.

¶4On perusing the application submitted by the applicant, this Court finds that the present case is basically a challenge to the order dated 21.06.2023 passed by this Court in WP(C) No.3561/2023, which should be done by way of an appeal. Further, the applicant could have filed a review petition if he finds that any ground for review is made out. The issue of title to the shop which is in dispute between the applicant and the writ petitioner is pending before the Court of learned Munsiff No.2, Morigaon and Page No.# 5/5 as such, the said issue will be decided by the said Court. With regard to whether a temporary or permanent connection should be granted to the writ petitioner, it would be profitable to rely on the judgment of the Hon'ble Supreme Court in Dilip (Dead) through LRs. Vs. Satish and Ors. in Crl. A. No.810/2022, wherein the Hon'ble Supreme Court has held that a person cannot be deprived of electricity and that all the electricity supply authorities is to examine, is as to whether the applicant for the electricity connection is in occupation of the premises in question.

¶5In that view of the matter, this Court does not find any ground to modify or cancel the order, keeping in view the facts and circumstances of the case.

¶6The I.A. is accordingly dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010265962023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/132/2024o SRIoJOYoPRAKESHoBARNEWAL,o S/O-oLATEoKESHABoPRASHADoGUPTA,oR/O-oMOIRABARI,oP.S.oMOIRABARI,o DIST.-oMORIGAON,oASSAM,oPIN-o782126. VERSUSo MD.oSURHABoALIoANDo6oORSo S/O-oLATEoTURABoALI,oR/O-oVILL-oULUBARI,oWARDoNO.o8,oP.S.oMOIRABARI, DIST.-oMORIGAON,oASSAM,oPIN-o782126 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoPRINCIPALoSECRETARY oPOWERo(ELECTRICITY)oDEPTT. oD-BLOCK oASSAMoSECRETARIAT oDISPUR oGHY-06 3:THEoASSAMoPOWERoDISTRIBUTIONoCOMPANYoLIMITEDo(APDCL) oREP.oBYoTHEoCHAIRMAN oASSAMoPOWERoDISTRIBUTIONoCOMPANYoLIMITED oBIJULEEoBHAWAN oGHY-01 4:THEoMANAGINGoDIRECTOR oASSAMoPOWERoDISTRIBUTIONoCOMPANYoLIMITED oBIJULEEoBHAWAN oGHY-01 5:THEoCHIEFoEXECUTIVEoOFFICER oMEC Page No.# 2/5 APDCL CAR MORIGAON ASSAM PIN- 782105 6:THE ASSISTANT GENERAL MANAGER MORIGAON ELECTRICAL DIVISION APDCL CAR MORIGAON ASSAM PIN- 782105 7:THE SUB-DIVISIONAL ENGINEER LAHORIGHAT ELECTRICAL SUB-DIVISION APDCL (CAR) LAHORIGHAT DIST.- MORIGAON ASSAM PIN- 78212 Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : SC, APDCL Linked Case : WP(C)/3561/2023 MD. SURHAB ALI S/O- LATE TURAB ALI R/O- VILL- ULUBARI WARD NO. 8 P.S. MOIRABARI DIST.- MORIGAON ASSAM PIN- 782126 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE PRINCIPAL SECRETARY POWER (ELECTRICITY) DEPTT. Page No.# 3/5 D-BLOCK ASSAM SECRETARIAT DISPUR GHY-06 2:THE ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL) REP. BY THE CHAIRMAN ASSAM POWER DISTRIBUTION COMPANY LIMITED BIJULEE BHAWAN GHY-01 3:THE MANAGING DIRECTOR ASSAM POWER DISTRIBUTION COMPANY LIMITED BIJULEE BHAWAN GHY-01 4:THE CHIEF EXECUTIVE OFFICER MEC APDCL CAR MORIGAON ASSAM PIN- 782105 5:THE ASSISTANT GENERAL MANAGER MORIGAON ELECTRICAL DIVISION APDCL CAR MORIGAON ASSAM PIN- 782105 6:THE SUB-DIVISIONAL ENGINEER LAHORIGHAT ELECTRICAL SUB-DIVISION APDCL (CAR) LAHORIGHAT DIST.- MORIGAON ASSAM PIN- 782127 7:SRI JOY PRAKESH BERNEWAL S/O- LATE KESHAB PRASHAD GUPTA R/O- MOIRABARI P.S. MOIRABARI DIST.- MORIGAON ASSAM PIN- 782126 ------------ Advocate for : MR. U DUTTA Advocate for : SC APDCL appearing for THE STATE OF ASSAM AND 6 ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA